An electricity generator isn’t exempt from a portion of penalties for failing to provide power during a December 2022 winter storm that contributed to outages for millions in the Eastern half of the country, the DC Circuit said Friday.
The Federal Energy Regulatory Commission correctly upheld the penalties against Energy Harbor LLC levied by PJM Interconnection LLC because “it cannot be said that the maintenance outage was the ‘sole’ cause of the shortfall” to meet the exception requirements, the US Court of Appeals for the District of Columbia Circuit said.
Energy Harbor said during January arguments that the nonperformance charges ...
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