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NEW YORK POWER AUTH. & HUDSON TRANSMISSION v. FERC

No. 20-1283 Consolidated with 20-1352.

109 F.4th 550 (2024)

NEW YORK POWER AUTHORITY AND HUDSON TRANSMISSION PARTNERS, LLC, Petitioners v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent PJM Interconnection, L.L.C. and PPL Electric Utilities Corporation, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 26, 2024.

Attorney(s) appearing for the Case

Lucas C. Townsend argued the cause for petitioners. With him on the joint briefs were Gary D. Levenson, Lawrence G. Acker, Gary D. Bachman, and William R. Hollaway, Ph.D.

Susanna Y. Chu, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were Matthew R. Christiansen, General Counsel, and Robert H. Solomon, Solicitor.

John Longstreth argued the cause for respondent-intervenor PPL Electric Utilities Corporation. With him on the brief was Donald A. Kaplan. Steven M. Nadel entered an appearance.

Before: Rao, Walker and Childs, Circuit Judges.

When Hudson Transmission Partners owned firm rights to draw electricity from the PJM grid, it was assessed costs for certain improvements. Hudson relinquished its firm rights in 2017. The question presented here is whether, under the PJM Open Access Transmission Tariff ("PJM Tariff"), Hudson must continue paying the previously...

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