Commissioner James Danly Statement
July 13, 2023
Docket Nos. ER22-1846-002, ER22-1846-003
I concur in today’s issuance[1] because it sets aside an unlawful order[2] that never should have issued and from which I dissented. Southwest Power Pool, Inc’s (SPP) proposal should not have been accepted because SPP sought to arrogate to itself unfettered discretion in socializing the costs of “Byway” transmission projects. As today’s issuance acknowledges, the directives in the underlying order failed to render an otherwise unjust and unreasonable proposal just and reasonable. I write separately to highlight that I previously explained how the Commission exceeded its authority in accepting SPP’s proposal in the first place.[3]
For these reasons, I respectfully concur.