Docket Nos. ER22-2719-001, ER22-2719-002
I dissent because in my view PPL’s proposal does not provide a reasonable process for the True-Up Adjustment, such that participants are adequately informed during the Discovery Period. Given the bifurcated nature of PPL’s proposed process, pursuant to which the True-Up Adjustment is filed on June 1 of each year and the Annual Update is not filed until October 31 of each year, I would have rejected the filing for failure to provide a separate meeting within a reasonable time frame upon publishing the True-Up Adjustment, such that interested participants have a reasonable amount of time to craft informed Information Requests before the Discovery Period closes.
Under PPL’s proposed schedule, the Annual Meeting could be held as late as November 30th,[1] nearly six months after publication of the True-Up Adjustment on June 1. As AMP explains, “without such a meeting and presentation from PPL regarding rate-year specific changes, interested parties are less informed when submitting discovery requests.”[2] Further, this process guarantees interested participants only 29 days to file Information Requests after the Annual Meeting,[3] with such requests needing to encompass both questions about the Annual Update, and questions about the True-Up Adjustment (as informed by information learned at the Annual Meeting). In my view, this process is inefficient, and does not afford interested parties with adequate time to craft such requests as informed by information learned at the meeting.[4]
For these reasons, I respectfully dissent.
[1] See Order at P 19.
[2] AMP Limited Comments at 3.
[3] The proposal allows for a meeting to take place as late as November 30 (which would leave only 29 days for Information Requests) or as early as November 14 (which would leave 45 days for Information Requests). See Order at PP 19-20.
[4] See Kansas City Power and Light, 150 FERC ¶ 61,201, at P 36 (2015) (holding that “proposed formula rate protocols that allow for as little as eight days of discovery after the Annual Update meeting may not provide interested parties with a sufficient period of time to consider the information exchanged at the Annual Update meeting before they make their information requests,” and directing the relevant utility “to revise their proposed formula rate protocols to allow for at least 60 days in which to make Annual Update information requests,” in accordance with the utility’s indication that it would not oppose such a modification).