I join the Chairman in highlighting the Commission’s celebration of Women’s History Month. This year, the National Women’s History Alliance chose “Women Providing Healing, Promoting Hope” as its theme. The Commission’s Women EmPOWERing Women Employee Resource Group has done a really nice job of celebrating the theme for our staff, including hosting a powerful documentary screening yesterday that I was able to join. Serving as the tenth female FERC Commissioner is a part of the role that I proudly embrace, and I appreciate the chance to interact with our employee resource groups with this perspective.
I want to take a moment to echo the Chairman and acknowledge President Biden’s statement on Tuesday that evolving intelligence indicates Russia is exploring potential cyberattacks against U.S. critical infrastructure. I know that those of you in the FERC-regulated industry are on high alert against malicious cyber activity, and I, too, support the Commission Staff’s work on interagency efforts. As CISA has instructed, it is essential that we do not let our guards down during this critical period.
With that, I’ll move on to today’s agenda items.
E-2 and E-3
I note that today’s meeting includes two consequential orders concerning the Southeast Energy Exchange Market, E-2 and E-3. My votes in each of these dockets represent my perspective on what the law requires, one in concert with the majority and one in dissent. In E-3, I vote with the majority to reject requests for rehearing of our determination that underlying rehearing requests on the SEEM Agreement itself were untimely. As I describe in my concurrence, the question of whether the underlying rehearing requests were filed on time is a close call. But I agree that relevant case law constrains the Commission under the circumstances.
In the other proceeding, E-2, I think the law is clear that the majority opinion is again wrong to accept the proposed transmission tariff filings. I strongly disagree that the Open Access Transmission Tariff filings intended to facilitate SEEM transmission service are open and non-discriminatory. As I have noted in response to previous decisions in the SEEM proceedings and as I reiterate in my dissent today, I am concerned that the Commission’s decision undermines the cornerstone open access and non-discrimination requirements enshrined in Order No. 888.
C-1
It is an understatement to say that much has been said about the Commission’s issuance of the updated Certificate Policy Statement and interim Greenhouse Gas Policy Statement last month.
I am voting with my colleagues to place these policy statements into draft status. This vote is a difficult one for me because I believe these policy statements were an important step forward in clarifying the factors to be considered in making our public interest determinations and doing so consistent with court mandates. I am also concerned about asking stakeholders for yet another round of comments on these issues, which is a real burden for landowners fearing eminent domain and other stakeholders lacking the resources to routinely comment on FERC proceedings.
Nonetheless, based on the engagement since last month’s meeting, I have concluded that we cannot move forward to effectively or efficiently consider and process individual project applications under the new policies without stronger agreement across the Commission. Attempting to apply the policies without clearer points of agreement on approach would be unproductive.
While this is not going to be easy, we now have the obligation as a Commission to find a path forward. It is worth ending where I have always come from on this issue. The path to increased certainty for project sponsors and stakeholders alike does not lie in refusal to acknowledge or consider the need for any change at all. I view this moment as a renewed opportunity to acknowledge our genuine differences in the interpretation of the law and to identify points where our perspectives can be bridged to make improvements. I look forward to productively engaging with my colleagues on these matters.