NERC and WECC Submit Joint Answer to Californians for Green Nuclear Power Complaint

On November 16, 2020, in Docket No. EL21-13-000, NERC and Western Electricity Coordinating Council (WECC) submitted a Joint Answer to the Complaint filed by Californians for Green Nuclear Power, Inc. (Complainant). The Complaint, filed on October 26, 2020, was filed against NERC, WECC, the California System Operator Corporation (CAISO), the California Public Utilities Commission (CPUC), the California State Water Resources Control Board (CSWRCB) and the California State Lands Commission (CSLC). The Complaint alleges that (i) Respondents CAISO, CPUC, CSWRCB, and CSLC have violated NERC’s Reliability Standards through the approval of the retirement of the Diablo Canyon Power Plant (DCPP) planned in 2025; and (ii) Respondents NERC and WECC, as the Electric Reliability Organization (ERO) and a Regional Entity, failed to conduct proper oversight or enforce NERC’s Reliability Standards to prevent Reliability Standards violations caused by the retirement of the DCPP in 2025. The Joint Answer argues that the Commission should dismiss the Complaint for the following reasons: (i) the Complaint exceeds the statutory authority of Section 306 of the FPA5 because NERC and WECC are not licensees, transmitting utilities, or public utilities; (ii) the Complaint fails to meet the minimum requirements of the FPA and the Commission’s regulations by not specifying the basis in fact and law or the remedy requested; and (iii) the Complaint fails on substantive grounds because NERC and WECC have adhered to their duty to perform oversight and enforce Reliability Standards under the FPA.