On October 21, 2021, during the Federal Energy Regulatory Commission’s monthly open meeting, each Commissioner released an explanatory statement regarding their views of the Southeast Energy Market Exchange (“SEEM”) proposal. Ultimately, the proposal took effect by operation of law on October 12 after the Commission was divided two-two on the lawfulness of the proposal. Under such circumstances, the Federal Power Act requires each Commissioner to issue a written statement explaining their views with respect to the changes. The Commissioners were split on multiple issues, including whether the proposal provided enough protection for competition and whether the Mobile-Sierra presumption should apply to SEEM transactions.