5. Need for Expedited Consideration

Rule 77.7(f)(9) of the Commission's Rules of Practice and Procedure provides in relevant part that:

"...the Commission may reduce or waive the period for public review and comment under this rule...for a decision where the Commission determines, on the motion of a party or on its own motion, that public necessity requires reduction or waiver of the 30-day period for public review and comment. For purposes of this subsection, "public necessity" refers to circumstances in which the public interest in the Commission adopting a decision before expiration of the 30-day review and comment period clearly outweighs the public interest in having the full 30-day period for review and comment. "Public necessity" includes, without limitation, circumstances where failure to adopt a decision before expiration of the 30-day review and comment period...would cause significant harm to public health or welfare. When acting pursuant to this subsection, the Commission will provide such reduced period for public review and comment as is consistent with the public necessity requiring reduction or waiver."

We balance the public interest in (a) quickly clarifying and modifying decisions and procedures to enhance electric system reliability for Summer 2004 against (b) the public interest in having a full 30-day comment cycle on the proposed modifications. We conclude that the former outweighs the latter. The clarifications and modifications adopted herein affect public health, safety and welfare. Any delay in implementing these clarifications and modifications would cause significant harm to public health and welfare by unreasonably and unnecessarily compromising system reliability, particularly in the constrained area at issue. We seek valuable public review of, and comment on, our proposed changes, and find that a reduced period balances the need for that input with the need for timely action.