Date: May 6, 2024
Venue: U.S. Supreme Court
Case: EPSA v. FERC, et al., Case No. 23-773
EPSA filed a reply brief with the U.S. Supreme Court to answer the federal government’s (FERC) arguments opposing EPSA’s petition for a writ of certiorari of the DC Circuit Court of Appeals (CADC) decision upholding FERC orders on PJM’s Market Seller Offer Cap (MSOC). EPSA explains to the high court that the CADC decision turns the fundamental premise of the Federal Power Act (FPA) “right on its head.” As the FPA is a critically important and fundamental federal statute, Supreme Court review is warranted to ensure the proper regulation of the modern power grid.
