UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION
PJM Interconnection, L.L.C. } Docket Nos. ER21-2582-001
REQUEST FOR REHEARING OF THE ELECTRIC POWER SUPPLY ASSOCIATION
EPSA requests rehearing with respect to the Federal Energy Regulatory Commission (FERC)’s inaction (Notice of Filing Taking Effect By Operation of Law) that allowed PJM’s July 30, 2021 Focused Minimum Offer Price Rule (MOPR) Filing to take effect by operation of law.
As discussed in detail in the rehearing request, the Commission’s failure to reject PJM’s proposed revisions to its MOPR was arbitrary and capricious and contrary to law and must be reversed. Specifically, EPSA argues that allowing the weakened MOPR proposed in the July 30 PJM Focused MOPR Filing to take effect was arbitrary and capricious and contrary to law.
The Commission provided no explanation, much less a reasoned explanation, for the order deemed to have issued when it failed to act. Even assuming that the Joint Statement of Chairman Glick and Commissioner Clements (the “Supporting Statement”) can be treated as the explanation for this failure, that statement falls well short of what was required as it fails to grapple adequately with the arguments and the evidence presented or to reconcile the changes made to the MOPR with the requirements of the Federal Power Act (FPA) and binding precedent.