The D.C. Circuit seemed uncertain during arguments Friday about whether an electricity generator met the conditions to be exempt from a portion of the penalties imposed on it after failing to provide power during a winter storm in December 2022.
The language of the PJM Interconnection LLC tariff “is clear that the extent of a generator’s unavailability due to an approved maintenance outage should not be included in the calculation of a performance shortfall,” Pamela Wu of Morgan Lewis & Bockius LLP said on behalf of Energy Harbor LLC, which is challenging the penalties.
The nonperformance charges assessed to Energy ...
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