Docket Nos.: ER23-729 and EL23-19
Date Filed: February 9, 2023
Agency: Federal Energy Regulatory Commission (FERC)
EPSA’s answer filed at the Federal Energy Regulatory Commission responds to the PJM, the PJM Independent Market Monitor (IMM), and the Public Interest Organizations (PIO) answers responding to protests, including EPSA’s protest, in the PJM Section 205 and Section 206 Locational Deliverability Area Reliability Requirement revisions proceedings (LDA Revisions filings). The EPSA answer also responds to certain comments filed in support of the PJM LDA Revisions filings. The EPSA answer emphasizes that nothing in the PJM, the IMM, and PIOs answers or the supporting comments even begins to remedy the fatal flaws in the PJM LDA Revisions filings. In particular, none of these pleadings establishes how PJM’s proposal to change the RPM rules governing the BRA for the 2024/2025 Delivery Year after the posting of auction parameters and after the closing of the auction window can be reconciled with the filed-rate doctrine and the corollary prohibition against retroactive ratemaking. Similarly, neither PJM nor any other party has demonstrated that PJM’s proposed revisions to the definition of the LDA Reliability Requirement is just and reasonable, whether applied to the 2024/2025 Base Residual Auction (BRA) or on a going-forward basis.