Answer Filed in Opposition to Motion to Extend Time for Reply Briefs in FERC NETO ROE Docket (ER26-2389)
Acadia Center filed the attached Answer in Opposition to NETO's Motion to extend the deadline for submitting reply briefs in their FERC ROE docket. Per the Commission's order, reply briefs are due September 28. This would complete the record for review and provide the Commission with eight weeks to complete its deliberations before the proposed 11.39% ROE is scheduled to go into effect. NETOs proposed moving the deadline for reply briefs to October 28, which would leave the Commission only four weeks to determine the validity of the NETOs' proposed ROE. If FERC is unable to conclude its deliberations before November 30, the proposed 11.39% ROE would go into effect. If the Commission were to find that the proposed ROE was invalid some date after November 30, ratepayers would have already begun paying the invalid rate and would be due a refund--a potential avoidable harm that is prevented by requiring the NETOs to adhere to the original briefing schedule ordered by the Commission--hence our Answer. On 9/16 FERC issued its Notice Denying Extension of Time.