The Pennsylvania Office of Consumer Advocate submits Request for Clarification or, in the alternative, Rehearing of the 06/18/2026 Order
Read topic-matched comments in EL26-67
Topics in the text: Cost allocation · Filing procedure · Registry access
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Opening text
opening text · Topic match: Registry access
EL26-67 et al. ) ) Request for Clarification Or—in the Alternative—Rehearing of the Pennsylvania Office of Consumer Advocate Before the Federal Energy Regulatory Commission (Commission or FERC), the Pennsylvania Office of Consumer Advocate (PA OCA)1 respectfully requests clarification—or, in the…Read this passage
I. Summary of Request for Clarification or Rehearing
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Pennsylvania statute empowers the PA OCA to represent the interest of utility consumers before the Pennsylvania Public Utility Commission, FERC, and state and federal courts. 71 P.S. § 309-1 et seq. 2 16 U.S.C. § 825l(b) (providing for FPA rehearing requests); 18 C.F.R. § 385.713 (providing FERC…Read this passage Filed comments: Cost allocation
II. Statement of Issues
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The PA OCA further requests that FERC disavow the second reading because that reading would result in unjust and unreasonable cost allocation among transmission customers by ignoring wholesale cost shifts for Network Upgrades that these customers neither caused nor commensurately benefit from.Read this passage Filed comments: Cost allocation
III. Request for Clarification
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III.Read this passage
A. FERC should clarify that PJM’s existing regional cost allocation results in
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As Commissioner Chang identified in her concurrence, “bilateral agreements that simply provide transmission revenue contributions untethered from any assessment of the actual cost of providing transmission service induced by individual large loads may be insufficient to adequately protect other…Read this passage Filed comments: Cost allocation
B. FERC should clarify that the Order allows parties to develop a robust,
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But there is a source of confusion: in the Order, FERC stated that its “preliminary finding [to prevent unjust and unreasonable cost shifting among transmission customers] is not intended to alter or call into question existing regional cost allocation methods for Network Upgrades, but 18 Id. at P…Read this passage Filed comments: Cost allocation
IV. Request for Rehearing
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Request for RehearingRead this passage
A. FERC’s Order violates the Federal Power Act and Administrative Procedure
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Moore, 487 U.S. 354, 371 (1988) (“States may not alter FERC-ordered allocations . . . by substituting their own determinations of what would be just and fair.”). 51 16 U.S.C. § 824(b)) (providing that the FPA “shall apply to the transmission of electric energy in interstate commerce and to the sale…Read this passage Filed comments: Cost allocation
B. FERC’s Order violates the Federal Power Act and Administrative Procedure
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To the extent that FERC does not clarify, or denies, that parties in EL26-67 may develop an actionable record on regional wholesale cost allocation methods for Network Upgrades caused by large loads—the Order violates the Federal Power Act and Administrative Procedure Act.54 FERC should grant…Read this passage Filed comments: Cost allocation
V. Conclusion
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V.Read this passage
Conclusion
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Co., 463 U.S. 29, 43 (1983) (holding federal administrative agency must “examine the relevant data and articulate a . . . rational connection between the facts found and the choice made”); see also Ill.Read this passage Filed comments: Cost allocation
CERTIFICATE OF SERVICE
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Harrisburg, Pennsylvania; July 17, 2026. /s/ Josiah Harmar Josiah Harmar Assistant Consumer Advocate PA Attorney ID # 338426 JHarmar@paoca.orgRead this passage