Date: April 28, 2023
Venue: U.S. Court of Appeals 3rd Circuit
Docket: Case 23-1808
Summary: On Friday, April 28, EPSA filed a petition for review (PFR) in the Third Circuit Court of Appeals (CA3) of FERC’s orders in the PJM LDA Revisions proceeding in which PJM proposed and FERC accepted revisions to the Reliability Requirement for a Locational Deliverability Area (LDA) for the capacity auction held in December 2022 for the 2024/25 Delivery Year. The PFR follows FERC’s Notice of Denial of Rehearing by Operation of Law and Providing for Further Consideration regarding requests for rehearing filed jointly by EPSA, NRG, LS Power and Vistra; The PJM Power Providers (P3); and other parties of the February Order approving PJM’s LDA Revisions filing (ER23-729 and EL23-19). Of note, both P3 and Constellation filed PFRs with the Third Circuit and the court consolidated all three cases in an order issued May 2.
