U.S. Court of Appeals for the Third Circuit – Case 21-3205
EPSA filed its opening brief with the U.S. Court of Appeals 3rd Circuit against FERC’s Focused MOPR. The Focused MOPR represents a radical departure from more than 15 years of precedent without a vote to implement the order and is potentially unlawful. FERC’s action raises numerous concerns for electric grid reliability, violates the principles of horizontal federalism and exceeds the authority of the Commission to provide oversight to well-functioning wholesale electricity markets by allowing some resources to be preferred over others in a competitive regional market.
