FERC Denies Duke Energy's Complaint against PJM, Initiates Investigation

On June 9, 2015, the Commission denied Duke Energy Corporation's ("Duke") complaint against PJM Interconnection, L.L.C. ("PJM") in which Duke alleged that PJM failed to reimburse Duke for fuel PJM directed Duke to purchase so that certain gas-fired generating units would be available to run during the January 2014 polar vortex.  Although it dismissed Duke's complaint, the Commission also initiated an investigation to examine whether certain provisions of PJM's Open Access Transmission Tariff ("OATT") are unjust, unreasonable, unduly discriminatory, or preferential because they: (i) do not allow market participants to submit day-ahead offers that vary by hour; and (ii) do not allow market participants to update their offers in real time, including during emergency situations. [Read more →]

FERC Conditionally Approves PJM's Capacity Market Reforms; Chairman Bay Dissents

On June 9, 2015, FERC conditionally approved significant reforms to PJM Interconnection LLC's ("PJM") capacity market framework.  In doing so, FERC stated that PJM had demonstrated that the reforms were needed in order to ensure the long-term reliability of the electric supply within the PJM region.  Meanwhile, Chairman Norman Bay dissented, stating that PJM's proposal was seriously flawed, and may "result in billions in additional costs for consumers without achieving its intended aim." [Read more →]

D.C. Circuit Rejects Challenges to EPA's Proposed Greenhouse Gas Rule

On June 9, 2015, the U.S. Court of Appeals for the District of Columbia Circuit ("D.C. Circuit") dismissed challenges to the Environmental Protection Agency's ("EPA") proposed rule reducing carbon dioxide emission limits from existing power plants ("Proposed GHG Rule").  In doing so, the D.C. Circuit held that it did not have the authority to review the Proposed GHG Rule because it was still being drafted and, therefore, no final agency action subject to judicial review existed. [Read more →]

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