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1 1 (February 18, 2020)

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               Researh Sevice





FERC Directs PJM to Expand Minimum Offer

Price Rule



February 18, 2020


On December 18, 2019, the Federal Energy Regulatory Commission (FERC) issued an order directing the
PJM regional transmission organization (RTO) to expand its Minimum Offer Price Rule (MOPR) as a
move to address subsidies to electric power generation resources by states, with certain exemptions.
FERC stated that it acted to protect the competitive capacity market administered by PJM by requiring
PJM to expand its MOPR to apply to any new or existing power generation resource that receives, or is
entitled to receive, a state subsidy, unless a FERC-determined exemption applies. FERC initiated a
hearing under Section 206 of the Federal Power Act (FPA) to make its determination that PJM's Open
Access to Transmission Tariff was unjust and unreasonable, since it did not account for the effect of
these subsidies.


Background

RTOs and independent system operators (ISOs) manage the electric transmission systems and the
competitive wholesale electric energy markets, under FERC's oversight. RTOs essentially operate as a
broker between generation companies that bid to sell power into the wholesale markets, and distribution
companies that submit bids to buy power from the markets. To ensure the reliability and timeliness of
these transactions, RTOs generally run several markets (including a capacity market) to ensure that
enough generation is available to reliably meet peak power demands. Therefore, the dispatch of power
plants essentially involves two stages, encompassing the planned commitment of generation to meet
projected RTO system demand, and the dispatch of additional or alternative capacity in real time.
In recent years, several states have criticized various aspects of the performance of the competitive
markets, especially in areas with transmission congestion (i.e., load pockets) where high prices for
electricity persist. Several proposals, in New Jersey and Maryland in particular, to subsidize generation in
these load pockets and opposition to these proposals from energy marketers eventually led to the 2016
Supreme Court decision in Hughes v. Talen Energy Marketing. The Supreme Court decision held that
Maryland's program to encourage development of in-state generation was preempted by FERC's
exclusive jurisdiction over interstate wholesale electricity rates under 16 U.S.C. § 824.

                                                                 Congressional Research Service
                                                                   https://crsreports.congress.gov
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