NEPGA Moves to Intervene in CASPR Appeal (DC Cir Case No 20-1333)

On September 30, 2020, NEPGA filed a Motion to Intervene in the appeal jointly filed by several parties with the U.S. Court of Appeals for the D.C. Circuit, including the Sierra Club, Natural Resources Defense Council, RENEW Northeast, and Conservation Law Foundation (Joint Appellants), challenging the FERC order accepting the Competitive Auctions and Sponsored Policy Resources (CASPR) design (Docket Nos. ER18-619). FERC accepted the CASPR design in 2018, over the dissent of then-Commissioner Rob Powelson and a partial dissent of Commissioner Rich Glick. The Joint Appellants protested the CASPR design in the underlying proceeding, with their primary argument that the CASPR design is a “convoluted scheme,” that unjustly and unreasonably limits or prohibits state-sponsored resource participation in the FCM. NEPGA asked FERC to accept the CASPR design.

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