Docket No. ER23-729-003
I am joining the decision with regard to its implementation of the Third Circuit’s ruling because I believe the Commission is required to follow the court’s direction to order PJM to use the initial calculated and posted LDA reliability requirement. The court specifically stated that “the filed rate doctrine does not yield, no matter how compelling the equities.”[1]
That said, if, as the parties requesting rehearing suggest, the Third Circuit’s statement that “the equities play no role” applies only to the application of the filed rate itself and does not circumscribe the Commission’s potential reliance on equitable considerations pursuant to Section 309 of the Federal Power Act to fashion a remedy other than ordering PJM to use the initial calculated and posted LDA reliability requirement,[2] I would welcome such a clarification from the court.
For these reasons, I respectfully concur.