EPSA and P3 protest and call for rejection of the Joint Consumer Advocates’ Complaint seeking a rerun of the 2025/2026 annual capacity auction; EPSA and P3 explain this retroactive ratemaking request violates the filed rate doctrine.
Venue: Federal Energy Regulatory Commission
Date filed: May 5, 2025
Docket No.: EL25-76-000
On May 5, 2025, the Electric Power Supply Association (EPSA) joined the PJM Power Providers Group (P3) on a protest of the Joint Consumer Advocates (JCAs) complaint against PJM regarding results of the 2025/2026 BRA and asking the Commission to direct PJM to rerun the auction. The joint protest calls for rejection of the complaint and explains that complainants have not met their burden under Section 206 of the Federal Power Act (FPA), including that the complaint targets outcomes (not whether rules are unjust and unreasonable) and raises market power concerns with no basis. Further, the protest argues that the retroactive relief requested violates the filed rate doctrine; FERC does not have the authority to modify market outcomes unless there is evidence of fraud, market manipulation, or a violation of established tariffs; and, outlines that the 2025/2026 BRA outcome is reflective of a market that needs capacity. The protest details recent project announcements demonstrating a market response to the auction prices.
For this complaint, the JCAs are: the Illinois Attorney General’s Office; Maryland Office of People’s Counsel; and New Jersey Division of Rate Counsel.
