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Third Circuit Upholds PJM Capacity Market Change but Prevents Retroactive Application

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On March 12, 2024, the U.S. Court of Appeals for the Third Circuit upheld a prospective rule change to PJM Interconnection, L.L.C.’s (“PJM”) annual capacity auction but struck down attempts by PJM and FERC to apply the rule...more

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Sixth Circuit Finds that FERC Overstepped its Authority on Voluntary Remand of PJM Reserve Market Design Changes

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On December 19, 2023, the U.S. Court of Appeals for the Sixth Circuit (“Sixth Circuit”), in Electric Power Supply Association; PJM Power Providers Group v. FERC, held that the former Chair of the Federal Energy Regulatory...more

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