I get "Unable to set memory clock delta to -1000 MHz -error -137"

I am running Evga 3090 with latest nvidia driver 461.72. I am trying to quit using MSI afterburner and insted I am trying to use the phoenixminer overclock settings int the .bat file for my gpu. As a starter I just simply tried to set the memory clock to some not that high value like "-mclock 400".

The DAG file loads, everything runs just fine but my MH/s speed is the basic one and from time to time I get this error "Unable to set memory clock delta to -1000 Mhz - error -137"

*using phoenixminer 5.5c