FERC modifications to PJM’s capacity market proposal violate Section 205. On July 7, 2017, the D.C. Circuit Court of Appeals concluded that FERC exceeded its authority under Section 205 of the Federal Power Act (FPA) because its modifications to PJM’s proposal resulted in an entirely different rate design than both PJM’s initial proposal and its […]
U.S. Supreme Court Blasts Maryland for Distorting PJM’s Capacity Market
The U.S. Supreme Court blasts Maryland for distorting PJM’s capacity market, thus affirming the Fourth Circuit’s ruling that the Maryland Public Service Commission’s Generation Order is field preempted by FERC’s plenary authority to regulate “the sale of electric energy at wholesale in interstate commerce.” §824(b)(1). “[T]he law places beyond FERC’s power, and leaves to the […]