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Commissioner Cheryl A. LaFleur Statement
October 23, 2015
Docket Nos. EL15-90-000
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Statement of Commissioner Cheryl A. LaFleur on Merricourt GIA Complaint Against MISO

"We write separately to emphasize two points about today’s order denying, as premature, the complaint filed by Merricourt Power Partners, LLC (Merricourt) against the Midcontinent Independent System Operator, Inc. (MISO). While we agree with the order’s observation that MISO is not required to decide, prior to December 1, 2015, whether it will seek to terminate the GIA, we also note that MISO is not prohibited from doing so. Given Merricourt’s demonstrated need for clarity on whether MISO will seek to terminate its GIA, we see little reason for MISO to delay informing Merricourt of its decision.

“Furthermore, as today’s order notes, the Commission’s Dispute Resolution Division is available to parties involved in a dispute, whether pending at the Commission or not, to voluntarily pursue resolution of their dispute through settlement rather than litigation. The Dispute Resolution Division can be of tremendous assistance to parties seeking to avoid protracted or contentious litigation before the Commission. We encourage Merricourt and MISO to avail themselves of those services and seek an amicable resolution of this dispute.

“Accordingly, we respectfully concur.”