Date Filed: September 26, 2022
Venue: U.S. Court of Appeals for the Third Circuit
Case Nos.: 21-3068 & 21-3205, consolidated with 21-3243, 22-1158
Filers: Electric Power Supply Association, The PJM Power Providers Group
Summary: Petitioners EPSA and P3 in the appeals of PJM’s Focused MOPR FERC proceeding have filed a reply in support of Petitioners’ September 7, 2022, Motion to Strike Respondent FERC’s brief filed with the Third Circuit by FERC’s Solicitor as the brief does not represent the Commission as a body because the Commission did not vote on an order addressing the issues put forth in the brief. The Reply Brief responds to the FERC and Respondent-Intervenors opposition briefs to the joint Motion to Strike. The reply brief argues that the procedural objections raised by the Solicitor and Respondent-Intervenors in opposition briefs lacks merit and further, the opposition briefs do not offer convincing justification for the FERC Chairman’s actions. Accordingly, EPSA/P3 assert that the Third Circuit Court should strike the FERC Solicitor’s Brief and preclude the Solicitor’s Office from advocating its content at oral argument.
