NEPGA Intervenor Brief – Inventoried Energy Program Appeal – DC Cir No 19-1224

On February 16, NEPGA filed an Intervenor Brief in the appeal of the Inventoried Energy Program (IEP) currently before the U.S. Court of Appeals for the D.C. Circuit (No. 19-1224). NEPGA raised several issues for the court to consider, including that ISO-NE developed the IEP as an interim measure to ensure system reliability until a long-term solution is developed and accepted by FERC, and that as a result the measure of evidence upon which FERC accepted the IEP was sufficient to meet FERC’s obligation to render a decision that is neither arbitrary, capricious, nor an abuse of discretion. ISO-NE also filed an Intervenor brief in support of FERC, explaining that FERC correctly relied on the ISO-NE’s evidence of a reliability need, and that the Petitioners misconstrue the cost estimate evidence offered by ISO-NE. The Petitioners must file reply briefs by March 30. Oral argument has not yet been scheduled.

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