January 11, 2021
Docket Nos. ER21-362-000
Today the Office of the Secretary issued a Notice of Filing Taking Effect by Operation of Law, Central Hudson Gas & Electric Corp., Docket No. ER21-362-000. That notice explains that Central Hudson’s proposed revisions to its FERC Rate Schedule 206 became effective January 10, 2021. We write jointly to express that while we would have preferred to see this proceeding resolved by Commission order, we nonetheless support the ultimate outcome.[1] When we were sworn-in as commissioners we each pledged to carry out our statutory responsibilities, which includes voting up or down on proposals submitted pursuant to Section 205 of the Federal Power Act. It is unfortunate that the Commission was not able to fulfill that duty in the normal course in this instance. The Commission can and must do better in the future.
[1] 16 U.S.C. § 824d(d) (“Unless the Commission otherwise orders, no change shall be made by any public utility in any such rate, charge, classification, or service, or in any rule, regulation, or contract relating thereto, except after sixty days’ notice to the Commission and to the public.”); 18 C.F.R. § 35.11 (2020) (requiring an application and showing of good cause for the Commission to waive the 60-day prior notice requirement).