Summary
This D.C. Circuit opinion addresses whether Hecate Energy LLC has Article III standing to challenge Federal Energy Regulatory Commission orders approving PJM Interconnection’s reforms to its electricity grid interconnection process. The court holds that Hecate lacks standing because its claimed injury—exclusion from an expedited review process for projects costing over $5 million—is not redressable. Vacating the agency’s approval would not likely compel PJM to include Hecate’s project in the expedited track, as PJM retains independent discretion and multiple alternative options to address any regulatory defects. Consequently, the court dismisses the petitions for review without reaching the merits.
Topics
Practice areas
Questions Presented
- Whether Hecate Energy LLC has Article III standing to challenge FERC's approval of PJM's $5 million cap for the Expedited Process.
Holdings
- Hecate lacks Article III standing; the petitions for review are dismissed.
Key quotations
“We hold that Hecate lacks Article III standing to challenge the $5 million cap, and therefore dismiss its petitions for review.” (at *)
Factual background
Hecate Energy LLC develops renewable power facilities and sought interconnection through PJM. PJM adopted a reform package that created an Expedited Process for projects whose estimated network upgrade costs are $5 million or less. Hecate challenged the $5 million eligibility cap as arbitrary, capricious, and unduly discriminatory.
Procedural history
Hecate intervened in FERC's proceeding, filed a limited protest to the $5 million cap, FERC denied rehearing and approved the reforms; Hecate then petitioned the D.C. Circuit for review.