Comments of the Electric Power Supply Association
Submitted to the Federal Energy Regulatory Commission
Proposed Policy Statement on the Waiver of Tariff Requirements and Petitions for Complaints for Remedial Relief (Docket PL20-7-000)
June 18, 2020
EPSA filed comments with FERC opposing a policy statement as proposed because it would implement an overly rigid approach to the grant of waivers in exceptional circumstances not anticipated by existing tariff language.
Under both the Federal Power Act and the Natural Gas Act the Commission may assess waiver requests on a case-by-case basis. With that authority, the Commission may ensure that any waiver does not violate the filed rate doctrine or the prohibition against retroactive rate-making while granting waivers when doing so protects the public interest based on special circumstances.