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Home / Newsroom / Press Releases / EPSA, Energy Trades Call On FERC to Rescind Overly Broad Duty of Candor Proposal 

November 10, 2022

EPSA, Energy Trades Call On FERC to Rescind Overly Broad Duty of Candor Proposal 

By EPSA

FOR IMMEDIATE RELEASE: November 10, 2022

CONTACT: Christina Nyquist | 603.930.8818 | cnyquist@epsa.org   

WASHINGTON, D.C. – Today the Electric Power Supply Association (EPSA) joined seven other leading energy trade groups in calling on the Federal Energy Regulatory Commission (FERC) to rescind its expanded duty of candor obligation. EPSA, the American Petroleum Institute, Edison Electric Institute, Energy Trading Institute, the Interstate Natural Gas Association of America, the Natural Gas Supply Association, the National Hydropower Association, and the PJM Power Providers Group filed joint comments in response to FERC’s Duty of Candor Notice of Proposed Rulemaking (RM22-20), noting that the new proposal is “extraordinarily broad” and vulnerable to legal challenges. 

EPSA President and CEO Todd Snitchler issued the following statement. 

“EPSA and our member companies all support truthfulness and accuracy in communications with our regulators and system operators in order to provide energy efficiently and reliably to customers. As proposed, however, the new duty is marred by significant legal and policy flaws and is structured in an overly broad and ill-defined manner that will chill critical communications. Additionally, the proposal lacks factual support and explanation, raises First Amendment concerns, and does not include any intent and materiality provisions – all of which create ambiguity over the Commission’s authority to implement the proposed rule. As the Energy Trade Associations explain in our comments, the Commission should rescind the proposal.” 


The Electric Power Supply Association (EPSA) is the national trade association representing America’s competitive power suppliers. EPSA members provide about 150,000 MW of reliable and competitively priced electricity from environmentally responsible facilities using a diverse mix of fuels and technologies including natural gas, wind, solar, hydropower, geothermal, storage, biomass, and coal. EPSA seeks to bring the benefits of competition to all power customers. Learn more at www.epsa.org and connect with us on LinkedIn and Twitter @EPSAnews. 

Filed Under: Homepage Featured Article, Newsroom, Press Releases Tagged With: Duty of Candor, energy regulation, Federal Energy Regulatory Commission, FERC

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