In the United States Court of Appeals for the Seventh Circuit
Illinois Commerce Commission, Petitioner v. Federal Energy Regulatory Commission, Respondent
Intervenor Electric Power Supply Association’s Motion to Transfer
As an intervenor in the cases, EPSA asks the 7th Circuit to transfer petitions for review of FERC’s PJM MOPR orders pending in that court to the DC Circuit, where they can be considered with petitions for review filed there that were not referred to the 7th Circuit by the Panel on Multidistrict Litigation. Based on the recent Allegheny Defense decision, petitions for review filed in the DC Circuit out of time pre-Allegheny Defense now appear operative. If operative, those petitions would be the only petitions filed within 10 days of the denial of rehearing (of FERC’s December 19, 2019 order) and, as they were filed in only one court (the DC Circuit), the lottery was not appropriate. The motion also cited prudential and equitable factors justifying transfer to the DC Circuit.