U.S. Court of Appeals Third Circuit
Case: No. 21-3205
Date: August 26, 2022
EPSA filed its final brief on its petition for review of FERC’s action on PJM’s Focused MOPR mechanism (US Court of Appeals, 3rd Circuit). EPSA explains how the Commission’s default acceptance of the Focused MOPR is unlawful for multiple reasons, and that Section 205(g) does not relieve FERC, as a body, to provide a reasoned explanation for its having allowed this rule to take effect. EPSA concludes, “[FERC] itself has completely failed the APA’s requirement to rationally explain its action; even the individual Commissioners do not adequately respond to reliance interests…and the resulting rate structure is discriminatory and therefore unlawful under the best reading of the FPA….The Commission’s default acceptance of the Focused MOPR must be set aside.”
