Joint Statement of Commissioner James P. Danly and Commissioner Mark C. Christie
September 19, 2022
Docket Nos. ER22-1566-002, ER22-1566-003

I concur in the Commission’s decision to grant Guernsey Power Station LLC (Applicant) authority to make wholesale sales of electric energy, capacity, and ancillary services at market-based rates and to accept Applicant’s market-based rate tariff.  I write separately, however, to state my agreement with the PJM Interconnection, L.L.C. Independent Market Monitor’s comments stating that the Applicant should be required to include the operating agreements for the limited liability companies that define the rights and control afforded to the members.[1]  In my view, while the Commission has not always required such information,[2] there are circumstances, including this case, where such information would better inform the Commission’s decision making.

For these reasons, I respectfully concur.

 

[1] See Independent Market Monitor April 26, 2022 Comments at 1-3.

[2] See Data Collection for Analytics & Surveillance & Mkt.-Based Rate Purposes, Order No. 860, 168 FERC ¶ 61,039 (2019), order on reh’g and clarification, Order No. 860-A, 170 FERC ¶ 61,129 (2020).

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