NERC and NPCC Submit Joint Answer to George Berka Complaint

On April 13, 2021, in Docket No. EL21-61-000, NERC and the Northeast Power Coordinating Council, Inc. (NPCC) submitted an Answer to the Complaint filed by George Berka on March 24, 2021. The Complaint alleges that Respondents Governor Andrew M. Cuomo, NERC, as the Electric Reliability Organization (ERO), NPCC, New York Independent System Operator (NYISO), the New York Public Service Commission (NYPSC), Entergy Corporation (Entergy), and Holtec Decommissioning International (Holtec) plan to discontinue operation of Units 2 and 3 of the Indian Point Nuclear Power Plant without replacing them with a “low carbon mix” of electric generators. The Joint Answer states that FERC should dismiss the complaint against NERC and NPCC because: (1) the Complaint fails to meet the minimum requirements of the Commission’s regulations by not specifying the basis in fact and law, the applicable law allegedly violated, or the action or inaction which led to the alleged violation; and (2) the Complaint fails on any substantive grounds that could be inferred from the Complaint because NERC and NPCC have adhered to their regulatory and statutory obligations under the FPA and the Commission’s regulations.

To view the Joint Answer, click here.