Former FERC Commissioner Allison Clements explains the regulatory history regarding FERC's jurisdiction over state utility rates.
Opinion
Clements: Legal Arguments Strong for Federal Jurisdiction Over Load Interconnections
“And so, I think the legal arguments are very strong in favor of the Secretary of Energy's position here, and in favor of the position FERC would take.”
Assertion Supported
Clements: DOE proposes 60-day fast-track for curtailable power loads
“And three, and the exciting part that I know Tyler's going to want to jump in on, is that it suggests that if loads are willing to be curtailed, curtailable, if loads will stop when asked, stop taking power from the grid when asked by the grid operator, they s…”
Opinion
Clements: DOE's proposed April timeline for FERC final order is unrealistic
“It's not realistic what authority does the, you know, the Secretary of Energy have in that case, the bully pulpit political pressure.”
Assertion Not checkable as stated
Clements: FERC has avoided standardized rules since standard market design failed
“Historically, the agency has also really been kind of a thousand flowers blooming type place, and been, ever since standard market design failed in 2000, been, the agency's been really skittish about requiring standardized anything across the board.”
Insight
Clements: Excluding virtual power plants violates Federal Power Act non-discrimination rules
“The other nice thing about not getting specific, that specific about technologies is that it'll, it'll, it'll, it's legitimate under the Federal Power Act, which is FERC's guiding principle, right? And so to the extent that there are attempts to do things like…”
Assertion Supported
Clements: FERC Unanimously Rejected DOE's 2017 Coal and Nuclear Rulemaking Proposal
“In 2017, the administration sent over a letter of, with a proposed rulemaking to then Chair Neal Chatterjee and the FERC requesting them to subsidize coal and nuclear plants with some you know, on-site fuel supply benefit and that FERC unanimously rejected Mov…”