In its May 19, 2016 Order,1 the New York Public Service Commission (the “Commission”) directed the Joint Utilities (“JU”) to file a system efficiency Earnings Adjustment Mechanism (“EAM”) that included system load factor as an EAM element. New York’s Joint Utilities retained The Brattle Group (“Brattle”) to assess the degree to which utilities can realistically impact system load factor, and thereby the effectiveness of specifying system load factor as an EAM.

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