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Judiciary

September 8, 2022

EPSA and P3 Motion to Strike Brief Filed by the Federal Energy Regulatory Commission Solicitor

By EPSA

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.

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August 29, 2022

Reply Brief of Petitioner EPSA on Petition for Review of FERC Action on PJM Focused MOPR

By EPSA

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.

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August 11, 2022

EPSA Files Supplemental Petition for Review of PJM ORDC Orders In Sixth Circuit Court of Appeals

By EPSA

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.

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August 5, 2022

EEI, EPSA, ETI Joint Amicus Brief Supporting Vitol Appeal on FERC Enforcement Timeline

By EPSA

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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June 14, 2022

Joint Petitioners’ Opening Brief in Vistra Corp. v. FERC

By EPSA

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. […]

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May 9, 2022

Petitioner’s Opening Brief in Electric Power Supply Association v. Federal Energy Regulatory Commission (Appeal of PJM Focused MOPR action)

By EPSA

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 […]

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