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June 25, 2024

3rd U.S. Circuit Court of Appeals

PJM
Following Court Ruling, FERC Reluctantly Reverses PJM Post-BRA Change
FERC partially reversed a 2023 order allowing PJM to modify a parameter for the 2024/25 Base Residual Auction to avoid a substantial increase in capacity prices in the DPL South transmission zone.
PJM Interconnection
Stakeholders Spar over PJM Request to Recalculate Capacity Auction Results
Stakeholders filed comments debating PJM’s request that FERC direct it to recalculate the results of the 2024/25 Base Residual Auction and rerun the third Incremental Auction.
© RTO Insider LLC
PJM Awaiting FERC Response to Court Rejection of 2024/25 Capacity Auction Parameters
PJM updated stakeholders on how it will proceed in the wake of a 3rd Circuit ruling vacating a FERC order allowing the RTO to revise a parameter after bids had been received for the 2024/25 Base Residual Auction.
© RTO Insider LLC
3rd Circuit Rejects PJM’s Post-auction Change as Retroactive Ratemaking
The 3rd Circuit vacated FERC’s order allowing PJM to revise a capacity market parameter for the DPL South zone after the 2024/25 auction had been conducted but prior to the publication of its results, ruling that it constituted retroactive ratemaking.
© RTO Insider LLC
3rd Circuit Rejects Challenges to PJM MOPR, Affirms Authority over FERC Deadlocks
The 3rd U.S. Circuit Court of Appeals upheld FERC's 2021 approval of PJM's tightened minimum offer price rule, which removed a requirement that resources receiving state subsidies be mitigated to their cost-based offer.
© RTO Insider LLC
P3 Challenges FERC Ruling on PJM Changes to 2024/25 BRA at 3rd Circuit
PJM Power Providers asked the 3rd U.S. Circuit Court of Appeals to overrule a FERC order allowing PJM to recalculate reliability requirement parameter for BRAs.
© RTO Insider LLC
PJM MOPR Challenge May Set Legal Precedent on FERC Deadlocks
Legal challenges to the PJM MOPR do not just concern the RTO and its capacity market; they could set a precedent for how courts review tie votes at FERC.
Constellation
P3 Seeks 3rd Circuit Review of PJM MOPR
The PJM Power Providers Group petitioned the 3rd Circuit Court of Appeals to review PJM’s narrowed MOPR after FERC deadlocked on the RTO’s proposal.

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