In the United States Court of Appeals for the Third Circuit
Electric Power Supply Association, Petitioner v. Federal Energy Regulatory Commission, respondent.
PETITION FOR REVIEW
On November 29, 2021, EPSA petitioned the federal appeals court for review of the Federal Energy Regulatory Commission’s failure to act on PJM’s Focused Minimum Offer Price Rule (“Focused MOPR”) in FERC Docket No. ER21-2582 (EPSA v. FERC, Case No. 21-3205). EPSA protested the PJM filing on August 20, 2021.
On October 28, 2021, EPSA requested rehearing of the Commission’s notice stating that the filing took effect by operation of law on September 29, 2021 . The Commission did not address that rehearing request on its merits, which was deemed denied by operation of law in a further notice issued on November 29, 2021.
On December 1, 2021, the court consolidated the EPSA appeal with the pending P3 appeal before the Third Circuit of PJM’s Focused MOPR (P3 v FERC, Case No. 21-3068).