Date Filed: September 26, 2022 Venue: U.S. Court of Appeals for the Third Circuit Case Nos.: 21-3068 & 21-3205, consolidated with 21-3243, 22-1158 Filers: Electric Power Supply Association, The PJM Power Providers Group Summary: Petitioners EPSA and P3 in the appeals of PJM’s Focused MOPR FERC proceeding have filed a reply in support of Petitioners’ […]
Read MoreReply Brief of Petitioners in PJM Market Seller Offer Cap Appeals
The reply brief from Joint Petitioners finalizes the briefing in this case, which seeks court review of the Federal Energy Regulatory Commission (FERC) orders approving revisions to PJM’s Market Seller Offer Cap (MSOC) because, as approved, the mechanism fails to properly reflect the risks and costs imposed on suppliers and is at odds with PJM’s Capacity Performance structure. Petitioners seek vacatur as the appropriate remedy from the court and focus on three arguments in this brief: FERC failed to justify the exclusion of opportunity costs from capacity offers; FERC failed to justify its categorical exclusion of key risks from capacity offers; and FERC’s determination that capacity sellers lack Section 205 rights is contrary to law.
Read MoreEPSA and P3 Motion to Strike Brief Filed by the Federal Energy Regulatory Commission Solicitor
Petitioners EPSA and P3 in the appeals of PJM’s Focused MOPR FERC proceeding have filed a motion to strike the Respondent brief filed with the 3rd Circuit by FERC’s Solicitor as the brief does not represent the Commission as a body because the Commission did not vote on an order addressing the issues put forth in the brief.
Read MoreReply Brief of Petitioner EPSA on Petition for Review of FERC Action on PJM Focused MOPR
EPSA filed its final brief on its petition for review of FERC’s action on PJM’s Focused MOPR mechanism (US Court of Appeals, 3rd Circuit). EPSA explains how the Commission’s default acceptance of the Focused MOPR is unlawful for multiple reasons, and that Section 205(g) does not relieve FERC, as a body, to provide a reasoned explanation for its having allowed this rule to take effect.
Read MoreEPSA Files Supplemental Petition for Review of PJM ORDC Orders In Sixth Circuit Court of Appeals
On August 8, 2022, the Electric Power Supply Association filed a supplemental petition for review of the FERC’s PJM ORDC Orders in the 6th Circuit Court of Appeals (Case No. 22-3666). EPSA filed the supplemental petition for review to encompass the July 28, 2022 PJM Order Addressing Rehearing Requests that issued after EPSA filed its previous petition, and requests that the court consolidate this matter with the pending Case No. 22-3176.
Read MoreEEI, EPSA, ETI Joint Amicus Brief Supporting Vitol Appeal on FERC Enforcement Timeline
Case No. 22-15584 In the United States Court of Appeals For the Ninth Circuit Federal Energy Regulatory Commission, Plaintiff-Appellee, v. Vitol Inc.; Federico Corteggiano, Defendants-Appellants On Appeal from the United States District Court for the Eastern District of California, SacramentoHonorable Kimberly J. Mueller, Chief District JudgeCase No. 2:20-cv-00040-KJM-AC BRIEF OF EDISON ELECTRIC INSTITUTE, ELECTRIC POWER […]
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