By: EPSA with Co-petitioners Venue: U.S. Court of Appeals DC Circuit [Cases 21-1214, 21-1216, 21-1217, 22-1063, 22-1065 & 22-1066 consolidated] Date: June 13, 2022 EPSA is joined by its co-petitioners to appeal FERC’s actions regarding PJM’s Market Seller Offer Cap – the administrative cap applied to capacity offers to prevent the exercise of market power. […]
Read MorePetitioner’s Opening Brief in Electric Power Supply Association v. Federal Energy Regulatory Commission (Appeal of PJM Focused MOPR action)
U.S. Court of Appeals for the Third Circuit – Case 21-3205 EPSA filed its opening brief with the U.S. Court of Appeals 3rd Circuit against FERC’s Focused MOPR. The Focused MOPR represents a radical departure from more than 15 years of precedent without a vote to implement the order and is potentially unlawful. FERC’s action raises […]
Read MoreEEI, EPSA, ETI Joint Amicus Brief Supporting Vitol Petition for Interlocutory Appeal of FERC Enforcement Statute of Limitations Issue
The three energy trade associations have filed a brief to support Vitol Inc’s Petition for Permission to Appeal to the U.S. Court of Appeals for the Ninth Circuit a decision from the U.S. District Court for the Eastern District of California, Sacramento on the issue of FERC’s statute of limitations dictating the time allowed for the agency to bring a claim for an alleged violation of the Federal Power Act in federal court.
Read MoreEPSA Files Petition for Review of PJM MOPR Proposal
EPSA petitioned the federal appeals court for review of the Federal Energy Regulatory Commission’s failure to act on PJM’s Focused Minimum Offer Price Rule (“Focused MOPR”).
Read MoreEPSA, P3, Calpine, LS Power, Talen Joint Petition for Review of FERC Orders on PJM Market Seller Offer Cap to D.C. Circuit Appeals Court
EPSA and the other parties petitioned the federal appeals court for review of FERC orders on PJM’s Market Seller Offer Cap (MSOC). The petitioners requested rehearing from FERC of its orders, which was deemed denied by operation of law in a November 4 notice. On rehearing, Petitioners raised an array of infirmities with the Commission’s rulings on the MSOC issues.
Read MoreEPSA Amicus Brief to DC Circuit Supporting FERC on MISO Zone 4 Auction Appeal
EPSA filed in support of FERC’s orders dismissing complaints challenging the results of 2015/2016 MISO’s Zone 4 capacity auction explaining that Petitioner Public Citizen falsely conflates rate, which here is the sellers’ market-based rate authorizations and the FERC-approved auction rules, with the auction price, and how Petitioner’s view would upend FERC’s market-based rate regime.
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