Electric
E-1 – Calpine Corporation, Dynegy Inc., Eastern Generation, LLC, Homer City Generation, L.P., NRG Power Marketing LLC, GenOn Energy Management, LLC, Carroll County Energy LLC, C.P. Crane LLC, Essential Power, LLC, Essential Power OPP, LLC, Essential Power Rock Springs, LLC, Lakewood Cogeneration, L.P., GDF SUEZ Energy Marketing NA, Inc., Oregon Clean Energy, LLC, and Panda Power Generation Infrastructure Fund, LLC v. PJM Interconnection, L.L.C., PJM Interconnection, L.L.C. (Docket Nos. EL16-49-006, ER18-1314-010, & EL18-178-006). On June 29, 2018, the Commission issued an order addressing two underlying proceedings that were initiated due to increasing out of market support or state subsidies that were having a suppressive effect on the price of capacity procured by PJM Interconnection L.L.C. (PJM) through its Reliability Pricing Model (RPM) capacity market (June Order). In the first underlying proceeding, Calpine Corporation (Calpine) and other generation entities filed a complaint against PJM pursuant to section 206 of the Federal Power Act (FPA) alleging that the Minimum Offer Pricing Rule (MOPR) in PJM's OATT was unjust and unreasonable because it did not account for the impact on the RPM of existing resources receiving out of market subsidies. In the second underlying proceeding, PJM, pursuant to section 205 of the FPA filed proposed revisions to its OATT that included two alternate proposals to address the suppressive effects of out of market support for certain resources. The June Order rejected PJM's alternate proposals, found PJM's OATT unjust and unreasonable, granted Calpine's complaint in part, and also initiated a proceeding under section 206 of the FPA in a new docket because the Commission could not make a final determination regarding the just and reasonable replacement rate. On April 16, 2020, the Commission issued an order denying requests for rehearing and granting limited clarification. On October 15, 2020, the Commission issued an order addressing arguments on rehearing, MOPR-related compliance fillings, and proposed auction implementation schedule. In accordance with the Commission's directive, PJM has submitted compliance ordered by the Commission in its October 15, 2020 order. Agenda item E-1 may be an order relating to the various filings in the above-referenced proceeding.