I support the relief that is being provided through the extension of Staff No-Action Letter 20-37.  But I am concerned that the Commission is continuing to avoid doing the hard work necessary to address the underlying issue here.  Today’s letter extends until December 1, 2025, (or earlier, if a comparability determination is issued) relief that was originally provided in 2013.[1]  Twelve years of no-action relief is inappropriate.  The Commission owes market participants a permanent solution, not a perpetual cycle of requesting and granting staff no-action relief.

I am disappointed that calling for the Commission to stop using temporary (and often successive) band-aids and work-arounds instead of permanent solutions has become somewhat of a refrain from me in my brief time as a Commissioner.[2]  We can and should do better.