UNITED STATES OF AMERICA
FEDERAL ENERGY REGULATORY COMMISSION
New York Independent System Operator, Inc.Docket No. ER23-491-000
New York Power Authority
ORDER OF CHIEF JUDGE DESIGNATING SETTLEMENT JUDGE
(Issued February 2, 2023)
1. On January 23, 2023, the Commission directed the Chief Administrative Law
Judge (Chief Judge) to appoint a Settlement Judge to assist the parties in arriving at a
settlement of the issues in this proceeding.1 Accordingly, pursuant to Rules 603(d) and
603(f),2 Judge Suzanne Krolikowski is hereby designated as the Settlement Judge.
2. Pursuant to the Commission Order, the Settlement Judge shall file a report with
the Commission and the Chief Judge on the status of settlement discussions within 60
days of today’s Order.3 The Commission Order directs the Chief Judge to provide the
parties with additional time to continue their settlement discussions or assign the case to a
Presiding Judge for trial-type evidentiary hearing, based on the first Settlement Judge
report.4 Pursuant to this directive, settlement proceedings are hereby deemed continued
by this Order, without further action.5 After the first report, the Settlement Judge shall
1 N.Y. Indep. Sys. Operator, Inc., 182 FERC ¶ 61,028, at ordering para. (C) (2023) (Commission Order).
2 18 C.F.R. §§ 385.603(d), (f) (2021).
3 Commission Order, 182 FERC ¶ 61,028 at ordering para. (D).
4 Id.
5 Customarily, the first report recommends continuation of settlement proceedings.
Accordingly, it is presumed that the first Settlement Judge report will recommend
continuation of settlement proceedings and the participants are hereby given time to
continue settlement discussions without further action in compliance with the
Commission’s directive. However, upon new information and consultation with the
Settlement Judge, this finding may be revoked or modified. See 18 C.F.R. § 385.603(h).
