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Judiciary

July 7, 2026

EPSA and Petitioners Respond to FERC in Court Challenge to Order Eliminating Reactive Power Compensation – Order No. 904

By EPSA

Joint Petitioners tell the Court that the case against eliminating reactive power compensation for generators is a clear call under the Federal Power Act — a federal agency cannot compel a regulated entity to provide a mandated service for free. In this case, reactive power is provided in addition to real power.  Date Filed: July 6, […]

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April 10, 2026

EPSA Files Supreme Court Amicus Brief Defending Role of Trade Associations in Competitive Markets

By EPSA

EPSA and other trade associations submit joint amicus brief in support of the SCOTUS petition for certiorari seeking review of the Mosaic Health Second Circuit Court of Appeals decision addressing federal antitrust laws, focused on the trade association participation question.

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February 20, 2026

EPSA Joins Petitioners Challenging FERC Order Eliminating Reactive Power Compensation – “Order No. 904… requires generators to give away reactive power for free.”

By EPSA

Joint Petitioners submit opening brief calling for the Fifth Circuit Court of Appeals to vacate FERC’s Order 904 eliminating reactive power compensation as the final rule is unlawful, as well as arbitrary and capricious.  Date filed: February 19, 2026 | Venue: U.S. Court of Appeals – Fifth Circuit | Proceeding: Vistra Corp., et al. V. FERC, Case No. […]

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July 22, 2025

EPSA Joins Intervenors Supporting FERC Against PJM Capacity Auction Re-Run Complaint

By EPSA

EPSA and five other intervenors, including PJM Interconnection, file in support of FERC’s approval of the re-run of the 2024/2025 PJM capacity auction for one zone to complete the auction under the original auction parameters, as directed by the Third Circuit appeals court.

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February 10, 2025

EPSA Joins Petitioners Appealing FERC Order Eliminating Reactive Power Compensation

By Bill Zuretti

EPSA and seven other parties are appealing FERC’s final rule that categorically eliminated compensation for electric generators providing reactive power within the standard power factor range. The Court should hold unlawful, vacate, enjoin, and set aside Order No. 904 and grant such further relief as may be appropriate.

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September 4, 2024

EPSA Joins Brief Calling for Court to Affirm Limits on Federal Environmental Reviews

By EPSA

EPSA joined nine other energy organizations in an amicus brief filed with the Supreme Court to support a challenge to what has become a very expansive approach to the effects assessed by federal agencies in their National Environmental Policy Act (NEPA) environmental reviews of new infrastructure projects.

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