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Federal Energy Regulatory Commission

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Commissioner Tony Clark Statement
September 20, 2012
Docket No. EL12-74-000

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Idaho Wind Partners

“I dissent from the Order because I find the issue is unripe for Commission review. The Commission should discourage parties from seeking FERC intervention in pending state proceedings in all but the most extraordinary circumstances. By this order, the Commission is allowing one party in a state proceeding to cherry-pick a single issue in a larger, ongoing case. By putting its thumb on the scale prior to the state commission even finishing its work, we could inhibit the parties’ willingness, or the Idaho Commission’s ability, to come to a flexible, tailored accommodation that may meet the concerns of multiple parties—most important, Idaho consumers. While a state commission may ultimately be unable to bring about such a resolution, untimely FERC intervention can limit a state’s ability to do so.

Accordingly, I respectfully dissent.”