February 23, 2023
U.S. Court of Appeals Sixth Circuit
EPSA and P3 have filed their joint initial brief in the appeals at the U.S. Court of Appeals for the Sixth Circuit of FERC’s orders on PJM’s Operating Reserves Demand Curve (ORDC). The brief argues that then-Chairman Rich Glick’s unilateral directive that FERC’s lawyers seek voluntary remand of this issue exceeded his statutory authority because, by statute, actions of the Commission must be taken only upon a majority vote of a quorum of Commissioners. Further, if the Commission wishes to change a previous majority decision, there is a statutory mechanism to do so—but, by design, it imposes a heavy substantive burden that the Commission did not meet in the instant matter. In addition, EPSA and P3 contend that FERC’s orders are arbitrary and capricious on multiple independent grounds.