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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.
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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."
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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.
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