ELR Citation: 53 ELR 20186
No(s). 21-3068, 21-3205, and 21-3243 (3d Cir. Dec 1, 2023)

The Third Circuit denied three petitions for review in a long-running dispute over whether and to what extent state-subsidized energy resources should be subject to price mitigation in interstate capacity auctions. Energy generators and state public utilities commissions challenged FERC's acceptance of a 2021 minimum offer price rule (MOPR) filed by a regional transmission organization that scaled back a 2019 MOPR to no longer apply to renewable energy and nuclear projects that receive state support. The court concluded FERC's constructive acceptance of the 2021 MOPR was neither arbitrary nor capricious and was supported by substantial evidence in the record. It denied the petitions for review.