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Home / Newsroom / EPSA Petitions Court of Appeals to Review FERC Inaction on PJM MOPR

December 1, 2021

EPSA Petitions Court of Appeals to Review FERC Inaction on PJM MOPR

By EPSA

MEDIA CONTACT: Christina Nyquist | cnyquist@epsa.org

Washington, D.C. – The Electric Power Supply Association (EPSA), the national trade association for competitive power suppliers, continues to work toward rejection of changes to PJM Interconnection’s competitive power market rules. EPSA filed Monday, Nov. 29 a petition for review at the United States Court of Appeals for the Third Circuit in Case No. 21-3205 with respect to the Federal Energy Regulatory Commission (FERC)’s failure to act in the matter of proposed changes to PJM Interconnection’s Minimum Offer Price Rule (MOPR) in FERC Docket ER21-2582.  

Todd Snitchler, president and CEO of the Electric Power Supply Association, EPSA, issued the following statement accompanying the petition: 

“FERC’s inaction on the July 30, 2021 filing by PJM Interconnection proposing rule changes in the nation’s largest power market must be reversed. EPSA intends to take appropriate legal action toward achieving that goal and addressing the unjust and unreasonable tariff provisions allowed to go into effect by operation of law by FERC. FERC’s fundamental job is to ensure that the wholesale power markets for which it is the economic regulator are just and reasonable. Its failure to act, which allows rules to go into effect that reverse its Dec. 2019 Order and undermine the very markets it is legally required to regulate, means the agency failed in its primary responsibility. 

Providing reliable and affordable energy in organized markets is achieved through properly functioning markets that enable innovation and cost effective, reliable solutions. As EPSA noted in its rehearing request, PJM’s proposed changes to gut the existing MOPR are not only unnecessary at this time, but they do nothing to enhance – and in fact, harm – the effectiveness of PJM’s capacity market, which is critical for ensuring that sufficient power generation resources are available to meet peak demand. 

Power providers and the American people deserve better from their energy regulator. EPSA’s pursuit of this litigation is required to ensure that FERC addresses the damaging impacts of the PJM’s filing allowed to go into effect.” 

EPSA’s petition follows a timely petition for review filed by the PJM Power Providers Group on November 5, 2021, of the Commission’s failure to act on PJM’s filing, already pending before the Third Circuit in Case No. 21-3068. The Court issued an Order on Wednesday, December 1 consolidating the two petitions. 

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The Electric Power Supply Association (EPSA) is the national trade association representing America’s competitive power suppliers. EPSA members provide about 150,000 MW of reliable and competitively priced electricity from environmentally responsible facilities using a diverse mix of fuels and technologies including natural gas, wind, solar, hydropower, geothermal, storage, biomass, and coal. EPSA seeks to bring the benefits of competition to all power customers. Learn more at www.epsa.org, subscribe to EPSA’s podcast “Energy Solutions,” and connect with us on LinkedIn and Twitter @EPSAnews. 

Filed Under: Homepage Featured Article, Newsroom, Press Releases Tagged With: competitive markets, Court of Appeals, FERC, Market reform, minimum offer price rule, MOPR, PJM Interconnection

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