Date: September 18
Venue: U.S. Court of Appeals for the Third Circuit
Case: No. 23-1778, et al.
Case: PJM Power Providers Group v. FERC
Summary: The Joint Petitioners in this case – EPSA, PJM Power Providers Group (P3), NRG Business Marketing, and Constellation Energy Generation – submitted an opening brief in this case outlining the Federal Energy Regulatory Commission’s (FERC) textbook violations of the filed rate doctrine in its orders. By allowing PJM to recalculate capacity auction parameters and rerun the auction using a new algorithm, the Commission violated the filed rate doctrine and the rule against retroactive tariff changes and ratemaking. Both are fundamental tenets of the nation’s electricity markets regulated under the Federal Power Act. FERC’s rule would eviscerate the filed rate doctrine in the context of capacity auctions and thus must be reversed by the court.
The consolidated appeals are before the Third Circuit Court (CA3) and seek review 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 – DPL South) for the capacity auction held in December 2022 for the 2024/25 Delivery Year.
