Chairman Neil Chatterjee Statement
October 15, 2020
Docket No. ER20-1812-000
Order: E-16

I fully support the Commission’s determination to grant this uncontested waiver request, which arises due to unforeseen circumstances caused by COVID-19. 

Public Service Electric and Gas Company’s (PSE&G) Metuchen Frequency Converter went on a planned maintenance outage on January 5, 2020, to allow for the installation of two automatic voltage regulators.  This process requires specially trained technicians from Canada and Switzerland to inspect and validate the automatic voltage regulators.  However, travel restrictions imposed by Canada and the United States to mitigate the spread of COVID-19 prevented these specially trained technicians from traveling to the United States to perform the necessary inspections.  Thus, because these technicians were unable to inspect and validate the automatic voltage regulators, PSE&G was unable to return the Metuchen Frequency Converter to service and the outage, which should have been limited, was extended indefinitely on April 1, 2020.[1] 

Under the existing tariff governing PSE&G’s and PECO Energy Company’s (PECO) service to the National Railroad Passenger Corporation (Amtrak), PSE&G would have had to charge Amtrak for service it was unable to provide.  But PSE&G, PECO, and Amtrak negotiated an agreement to give relief to Amtrak so it would not have to pay for service that was not being provided.[2]

I applaud PSE&G, PECO, and Amtrak for their willingness to engage with one another and reach this agreement.  The waiver request makes clear that the rate was negotiated to be effective April 1, 2020, and that the parties to the agreement support the waiver request, which is necessary to effectuate the agreement.[3]

This waiver request underscores the need for the Commission to maintain its longstanding policy of considering waiver requests on case-by-case basis.  In my opinion, as discussed in the order, we have the legal authority to grant this waiver, which I believe clearly satisfies the Commission’s waiver criteria.  For these reasons, I support granting this waiver.

Thus, I respectfully concur.

 

[1] Waiver Request at 3-4.

[2] Id. at 1 & 7.

[3] Id. at 7.

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