Proceeding: Duty of Candor Notice of Proposed Rulemaking
Docket No.: RM22-20
EPSA joined seven energy trade associations on joint comments responding to the Federal Energy Regulatory Commission’s Duty of Candor NOPR (RM22-20). While underscoring support for truthfulness and accuracy in communications and information exchanges with the Commission and organizations, the Trades outline the significant policy and legal flaws with the broad and ill-defined application of the proposed rule that will tend to suppress communications.
Specifically, the joint comments highlight the potential impacts on a wide range of necessary communications that occur, including with RTOs and in RTO stakeholder processes. Additionally, there are legal issues surrounding the proposed rule given the lack of factual support and explanation, First Amendment violations, lack of intent and materiality provisions, and ambiguity regarding the FERC’s interpretation of its statutory authority to implement the proposed rule, among other concerns. For these reasons, the Energy Trade Associations argue the Commission should rescind the proposal.
In addition to EPSA, the other signatories include six national energy trades associations: the American Petroleum Institute, Edison Electric Institute, Energy Trading Institute, INGAA, the Natural Gas Supply Association, and the National Hydropower Association, as well as EPSA’s state and regional partner, the PJM Power Providers Group (“P3”).