NRECA filed a petition for review
at the D.C. Circuit and filed for rehearing
at the Federal Energy Regulatory Commission for review of different aspects of FERC’s April order directing changes to the PJM capacity market. NRECA is challenging that FERC’s treatment of new co-op resources as inherently subsidized and thus subject to repricing by the RTO. That mitigation exposes co-ops to the risk that they will be required to pay twice for new capacity. NRECA is asking FERC and the court to recognize that co-ops have the right to supply their own capacity resources to meet their resource adequacy obligation to the region.