Date: January 12, 2024
Venue: U.S. Supreme Court
Case: EPSA v. FERC, et al.
In a petition for certiorari filed with the U.S. Supreme Court, EPSA urges the Court to review and overturn the August 15 judgment from the DC Circuit appeals court (CADC) on the PJM Market Seller Offer Cap (MSOC) orders from the Federal Energy Regulatory Commission (FERC). EPSA’s primary concern is the finding by CADC that basically guts a seller’s rate-setting right under Federal Power Act Section 205 to determine its bids into an ISO/RTO auction subject only to FERC review – not subject to determinations by a third party such as the ISO/RTO or its market monitor without recourse to FERC. The finding eradicates the sellers’ statutory rights subject to FERC’s just and reasonable standard. The CADC opinion represents an illegal redistribution of authority and is counter to congressional intent and legal precedent, thus EPSA seeks Supreme Court review of the lower court’s opinion and FERC’s action.
