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Third Circuit Upholds PJM Capacity Market Change but Prevents Retroactive Application

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

D.C. Circuit Upholds PJM Tariff Changes to Planning of Asset Management and End of Life Projects

On November 17, 2023, the U.S. Court of Appeals of the District of Columbia Circuit (“D.C. Circuit”) denied petitions challenging FERC’s approval of recent changes to the PJM Interconnection, L.L.C.’s (“PJM”) Open Access...more

Troutman Pepper Summary of FERC Order No. 2023 on Generator Interconnection Reform

On July 28, the Federal Energy Regulatory Commission (FERC or the Commission) issued Order No. 2023 (Order No. 2023 or Final Rule), which updates the procedures for interconnecting large generating facilities (20MW and above)...more

D.C. Circuit Addresses Appeals of Rehearings Denied by Operation of Law

In its May 26, 2023 opinion in Sierra Club v. Federal Energy Regulatory Commission, the United States Court of Appeals for the District of Columbia Circuit addressed challenges to its jurisdiction to hear appeals of...more

D.C. Circuit Finds FERC Failed to Justify Not Preparing a Supplemental EIS for Mountain Valley Pipeline

On May 26, 2023, the United States Court of Appeals for the District of Columbia Circuit issued an opinion in Sierra Club v. Federal Energy Regulatory Commission largely denying challenges to several FERC orders authorizing...more

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