In the United States Court of Appeals for the District of Columbia Circuit
Environmental Defense, et al., Petitioners, v. Federal Energy Regulatory Commission, Respondent
Response to Order to Show Cause of the Electric Power Supply Association
In light of a concurrent motion to transfer filed at the 7th Circuit appeals court, EPSA responds in opposition to a DC Circuit order to show-cause why petitions for review filed after the lottery on PJM MOPR Orders appeals should not be transferred to the 7th Circuit. The response explains that, if the motion to transfer is granted, the 7th Circuit cases will move to the DC Circuit where they can be consolidated with the petitions that are the subject of the order to show-cause and the early-filed petitions, which are being held in abeyance pending further filings on the appropriate disposition of those petitions following Allegheny Defense. In the response, EPSA notes that, if the 7th Circuit denies its motion to transfer, EPSA would have no objection to these petitions being transferred to the 7th Circuit “so that all the related petitions may be decided by the same court.” EPSA’s motion to the 7th Circuit on the issue is attached to the response.