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FERC Denies Rehearing in DC Energy- Clarifies Position on Reportable IBTs and Side Steps Jurisdictional Issue

by Cadwalader Wickersham Taft LLP - New York Office

July 18, 2013

Previously published on July 16, 2013

By order issued July 12, 2013, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) denied requests for rehearing of its March 9, 2012 order denying the complaint of DC Energy, LLC (“DCE”) and DC Energy Mid-Atlantic, LLC (“DCE Mid-Atlantic” and, together with DCE, “Complainants”) against PJM Interconnection, L.L.C. (“PJM”). Complainants and Scylla Energy Inc. (“Scylla”) filed requests for rehearing. In denying rehearing, the Commission affirmed its finding that the Complainants’ internal bilateral transactions (“IBTs”) did not display the characteristics of transactions contemplating the physical transfer of energy, and were thus not properly reported to PJM through its eSchedule tool for purposes of offsetting deviation charges.


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