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It's 8:53 PM on the East Coast and I am deeply disappointed that I have reached the end of the rehearing requests available on eLibrary. The bulk of today's filings are apparently stuck...somewhere?
Filing of the day in the PJM capacity docket is clearly:

Out-of-Time Motion to Invervene of The Hershey Company under EL16-49, et. al.
One #EnergyTwitter hero has stepped up and emailed me their filing. Thank you. Are there other heroes on this social media platform at 9:21 on a Tuesday evening?
Rehearing petitions are now rolling in...
So many high-quality filings produced in less than 30 days.
Also, so many pages...
At long last...the Hershey filing - elibrary.ferc.gov/idmws/file_lis…

They write that in December they were finalizing a PPA to cover its Pennsylvania energy needs, but the project has since stalled due to FERC's order.
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Ari Peskoe
@AriPeskoe
An overview of arguments against FERC’s PJM capacity order–Many claims in rehearing filings fall into these groups:
1.FERC invades state authority
2.FERC’s rate isnt just and reasonable
3.FERC makes a policy change w/o explaining
4.FERC is inconsistent/illogical/unresponsive
About 50 parties filed. Many filings argue broadly against the Order, finding numerous legal problems. Some take issue with only specific points that apply to their business. Five filings from EPSA and its members largely support the order.
(For background, see my post from a couple of weeks ago explaining why PJM has a capacity auction, what the MOPR is, what FERC’s December 19 order says, and how it re-writes 20 years of FERC regulation - eelp.law.harvard.edu/2020/01/fercs-…)
Read 71 tweets
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Ari Peskoe
@AriPeskoe
Wow. PJM's rehearing request: FERC's order "does not maintain the careful balance followed by prior FERC orders and, in fact, disrupts the balance that has successfully worked to accommodate the interests of states and integrated utilities" elibrary.ferc.gov/idmws/file_lis…
FERC's "pursuit of greater market efficiency as communicated in the order may have paradoxically unintended consequences over time and may result in less economic efficiency."
"The December 19 Order is in marked contrast from the Commission’s past rationale used for the MOPR...That new approach is over-broad and over-prescriptive and will dramatically curtail new resource options for integrated utilities"
Read 5 tweets
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Ari Peskoe
@AriPeskoe
A non-exhaustive list of the most arbitrary, capricious, and outrageous determinations in FERC’s PJM MOPR order:

In no particular order . . .
(and making no predictions about litigation)
1 – Choosing not to mitigate federal subsidies (i.e. tax credits) because it finds FERC “may not disregard or nullify the effects of federal legislation,” while ignoring whether it has authority to “disregard or nullify” state clean energy programs.
2 – Isolating econ development incentives as the only state payment that doesn’t subject a resource to the MOPR because such payments are not related to generation while also finding that payments of any amount distort the market, regardless of the state’s purpose.
Read 14 tweets

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