First Volleys Arrive In 3rd Circ. Challenge To FERC Grid Balk

By Jeff Montgomery (May 10, 2022, 5:20 PM EDT) -- Pennsylvania and Ohio regulators and power generators that rely on fossil fuels have opened a briefing stampede in a Third Circuit showdown over federal oversight of minimum electricity price rules for regional power grids.

The nationally important case, which has attracted more than 20 industry, government, environmental and public interest intervenors, grew out of a Federal Energy Regulatory Commission 2-2 vote in September. The deadlock allowed the 13-state PJM Interconnection LLC grid to enact by default a rule that potentially benefits subsidized, state-supported renewable or nuclear power suppliers when competing to sell electricity in regional electric capacity auctions, despite potentially higher...

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