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Federal Energy Regulatory Commission

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Commissioner Tony Clark Statement
March 15, 2013
Docket Nos. EL13-39-000, QF11-32-001 & QF11-33-001

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Grouse Creek Wind Park

"This order flows from the Commission’s earlier decision to exercise its enforcement authority against a state regulatory commission, contrary to longstanding Commission policy. The concerns expressed in my dissent in Murphy Flat persist here.

“The petitioners in the instant case are currently before the Supreme Court of the State of Idaho challenging the very same Idaho Commission decision at issue in this order. The Commission’s Murphy Flat decision has now, unfortunately, encouraged a party currently pursuing its remedy in state court also to invoke the Commission’s enforcement authority.

“The Commission’s initiation of a parallel federal process on behalf of a plaintiff with an ongoing case in the State Supreme Court of Idaho demonstrates the results that occur when the Commission departs from the principles of judicial economy and long-established regulatory precedent. Therefore, I respectfully dissent.”