Docket Nos.: ER23-729 and EL23-19
Date Filed: March 23, 2023
Agency: Federal Energy Regulatory Commission
Summary: On March 23, 2023, EPSA, LS Power, NRG and Vistra (collectively “Petitioners”), jointly filed a detailed request for rehearing of the February 21 Order approving PJM’s section 205 LDA adjustment filing. The joint rehearing request addresses the significant legal flaws with the February 21 Order, including that, by allowing PJM to change the rules for the BRA for the 2024/2025 Delivery Year after the offer window closed, the Commission violated the filed rate doctrine and the corollary prohibition against retroactive ratemaking. Further, the Commission failed to engage in reasoned decision-making, ignoring arguments and evidence that did not support its desired outcome and failing to reconcile its action with precedent.