Date filed: September 9, 2022
Venue: U.S. Court of Appeals for the D.C. Circuit
Case: Vistra et al. v. FERC
Case Nos. 21-1214 et al.
Filers: Joint Petitioners: EPSA, P3, Calpine, LS Power, Talen, Vistra, Constellation
The reply brief from Joint Petitioners finalizes the briefing in this case, which seeks court review of the Federal Energy Regulatory Commission (FERC) orders approving revisions to PJM’s Market Seller Offer Cap (MSOC) because, as approved, the mechanism fails to properly reflect the risks and costs imposed on suppliers and is at odds with PJM’s Capacity Performance structure. Petitioners seek vacatur as the appropriate remedy from the court and focus on three arguments in this brief: FERC failed to justify the exclusion of opportunity costs from capacity offers; FERC failed to justify its categorical exclusion of key risks from capacity offers; and FERC’s determination that capacity sellers lack Section 205 rights is contrary to law. The oral argument has not yet been scheduled.