Commission adopts staff-led MISO ERIS RERA verification procedure

The North Dakota Public Service Commission on an administrative motion approved a procedure that gives commission staff primary responsibility for issuing MISO ERIS RERA verifications. The procedure was described as a staff-led verification process, with the commission's general counsel coordinating and the Public Utilities Division consulted.

Commissioners and staff said the step is intended to avoid prejudging future proceedings that could involve certificates of public convenience and necessity or prudence determinations. "This expedited resource study process requires state retail rate authority verification," a staff member identified in the meeting as Victor said. "So to stay away from all of that, we felt the best to keep that with staff to issue those verifications."

The procedure was presented as adapted from a template other states used during MISO's ERIS implementation. "I started out I believe it was Indiana," Victor said, adding he consulted with staff counsel and others while drafting the document. Commissioners said they were comfortable vesting the verification function in staff to reduce conflict-of-interest risk and the appearance of prejudging future cases. "As this process was being talked about within MISO before it received FERC approval, one of the main concerns ... was basically avoiding a prejudging situation," one commissioner said.

A motion to adopt the "NDPSC MISO ERAS RERA verification procedure" was moved and seconded during the meeting. After a call for further discussion and no objections, the chair called for a voice vote; the motion was approved.

The commission did not specify in the meeting a written rule change or new statute; the adopted procedure will be the formal process the commission submits to MISO for how the commission's verifications will be handled. The motion and approval were recorded in the administrative session; no further orders or implementation dates were discussed in the transcript.

Less critical scheduling matters and unrelated agenda items followed the vote.