ER26-3380-000 · 2026-08-21 · Organization of PJM States, Inc.

Comments of the Organization of PJM States, Inc. in support of PJM Interconnection, L.L.C.’s 07/31/2026 filing

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UNITED STATES OF AMERICA 
BEFORE THE 
FEDERAL ENERGY REGULATORY COMMISSION 
 
PJM Interconnection, L.L.C. 
) 
Docket No. ER26-3380-000 
 
COMMENTS OF THE 
ORGANIZATION OF PJM STATES, INC. 
 
Pursuant to the Commission’s August 3, 2026, Combined Notice of Filings, the 
Organization of PJM States, Inc. (“OPSI”) respectfully files these comments in support of PJM’s 
July 31, 2026, filing proposing revisions to the Open Access Transmission Tariff (“Tariff”) and the 
Reliability Assurance Agreement Among Load Serving Entities (“RAA”) to establish a Reliability 
Backstop Procurement (“RBP”).1 OPSI supports the filing because the proposed revisions 
strengthen regional resource adequacy while appropriately recognizing that implementation will 
require complementary state action to ensure that RBP costs are allocated to the appropriate retail 
loads.2 OPSI encourages the Commission to act expeditiously so that PJM can implement the RBP 
without disrupting the schedule for subsequent capacity auctions.  
I. 
COMMENTS 
The unprecedented growth of large loads in the PJM region has created a significant 
regional resource adequacy planning challenge under the PJM centralized capacity procurement 
construct. The 2028/2029 Base Residual Auction (“BRA”) cleared 6,831 MW short of the PJM 
Region Reliability Requirement, demonstrating that the region’s resource adequacy challenge 
 
1 PJM Interconnection LL.C., Reliability Backstop Procurement to Address Resource Adequacy Concerns Stemming 
from Large Loads, Docket No. ER26-3380-000 (July 31, 2026) (“Backstop Filing”). 
2 The following OPSI members support these comments: the Delaware Public Service Commission, Public Service 
Commission of the District of Columbia, Illinois Commerce Commission, Indiana Utility Regulatory Commission, 
Kentucky Public Service Commission, Maryland Public Service Commission, Michigan Public Service Commission, 
New Jersey Board of Public Utilities, North Carolina Utilities Commission, Public Utilities Commission of Ohio, 
Pennsylvania Public Utility Commission, Tennessee Public Utility Commission, and Virginia State Corporation 
Commission. The Public Service Commission of West Virginia does not support these comments.

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requires immediate action to preserve reliability.3 OPSI supports PJM’s proposal to implement a 
supplemental procurement of new capacity equal to the shortfall observed in the BRA for the 
2028/2029 Delivery Year to serve large loads.4 PJM explains that the proposal is warranted because 
of the likelihood of a third consecutive short auction after shortfalls in the BRA for both the 
2027/2028 and 2028/2029 Delivery Years, the rapid growth in data center demand, the direction 
provided in the National Energy Dominance Council (“NEDC”) / PJM Governors’ Principles, and 
the Commission’s recognition of the need for action.5 OPSI hopes that this targeted intervention 
will bolster regional resource adequacy by addressing the present-day capacity shortfall, which 
would not have occurred but for large loads, while complementing the ongoing bilateral matching 
process. 
OPSI agrees with PJM that successful implementation of the RBP will require timely retail 
regulatory action that ensures existing retail loads are insulated from or share in the cost of the 
RBP only to the extent consistent with state retail ratemaking approvals. Under the Federal Power 
Act, the allocation of RBP costs to retail customers remains within the jurisdiction of retail 
regulators.6 Accordingly, several states have already begun implementing or considering retail 
ratemaking reforms designed to more closely align the costs associated with new large-load 
development with those customers.7  
PJM proposes to require that capacity used either to offset the RBP procurement target or 
to participate in the RBP qualify as “new” capacity.8 Specifically, qualifying offset capacity must 
 
3 Backstop Filing at 7–8. 
4 Id. at 7, 25–26. 
5 Id. at 27–28. 
6 16 U.S.C. § 824(b)(1). Backstop Filing at 13–18, 104–08. 
7 See, e.g., Va. Acts ch. 1124, cl. 3 (2026) (S.B. 253), S.B. 253; Md. Code Ann., Pub. Utils. § 4-212; Ind. Code §§ 8-
1-7.9-22 to -24; 2026 N.J. Laws ch. 32, § 1(b)(2)–(3), (d)(3). See also, Interconnection and Tariffs for Large Load 
Customers, PA PUC Docket Number: M-2025-3054271 (Final Order entered May 12, 2026). 
8 Backstop Filing at 35–36, Attachment B, proposed Tariff, Attachment DD § 18.2(a).

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not have previously supported a capacity commitment or been committed in a Fixed Resource 
Requirement Plan before commencement of the RBP and must satisfy the additional eligibility 
criteria in proposed Tariff, Attachment DD, § 18.2(b). OPSI supports this approach because it helps 
ensure that bilateral offsets and RBP procurements result in a genuine increase in regional capacity 
rather than simply shifting existing commitments among procurement mechanisms.  
Further, OPSI strongly supports the ongoing voluntary, iterative bilateral matching process 
through which new large loads may procure new capacity directly, with qualifying bilateral 
arrangements reducing the RBP procurement target. This approach allows the costs of new 
capacity to be assigned directly to the large loads creating the need for that capacity, reducing the 
centralized procurement target and minimizing the risk of cost shifts to existing customers.9 The 
bilateral matching process also encourages market behavior where willing buyers contract with 
willing sellers before resorting to centralized procurement, supporting the objective of addressing 
the region’s resource adequacy shortfall while protecting existing customers.10  
Additionally, OPSI recommends that should an electric distribution company (“EDC”) / 
load serving entity (“LSE”) confirm before completion of the RBP that a specific amount of load 
in the relevant load forecast is no longer expected to materialize, PJM would revise its RBP target 
and load forecast. In describing its proposed Qualifying RBP Offset, PJM states that “new” load, 
for purposes of the RBP, will be load that has an executed electric service agreement or 
transmission service agreement, indicating that the load will be coming online in the 2027/2028 
through the 2028/2029 Delivery Year.”11 It follows that if prospective large load withdraws from 
or otherwise terminates such agreements during the RBP window, it would not be considered 
 
9 Backstop Filing at 30–31, 39–40. 
10 Id. at 30. 
11 Id. at 35.

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“new” load, and that amount of load would be removed from the RBP target.12 PJM would also 
necessarily revise the zonal allocations should certain new large load no longer be expected to 
materialize. OPSI views this approach as critical to protecting other customers.  
II. 
CONCLUSION 
For the foregoing reasons, OPSI respectfully encourages the Commission to accept PJM’s 
proposed Tariff and RAA revisions and permit PJM to implement the RBP while continuing to 
pursue related reforms necessary to address the challenges posed by large-load growth. 
 
Respectfully Submitted,  
Benjamin B. Sloan 
Executive Director  
Organization of PJM States, Inc.  
700 Barksdale Road, Suite 1 
Newark, DE 19711  
601-214-8481  
ben@opsi.us  
Ellen B. Egen 
Director of Legal and Regulatory Affairs  
Organization of PJM States, Inc.  
700 Barksdale Road, Suite 1 
Newark, DE 19711  
336-254-4915 
ellen@opsi.us  
Dated: August 21, 2026 
 
 
 
12 OPSI recognizes that it is reasonable for PJM to require proof that revising the load forecast is appropriate, and 
OPSI understands a reasonable timeline for the proof submission would need to be established.

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CERTIFICATE OF SERVICE 
 
I hereby certify that the foregoing has been served in accordance with 18 C.F.R. §385.2010 
upon each person designated on the official service list compiled by the Secretary in this 
proceeding.  
 
/s/ Benjamin B. Sloan_____  
Benjamin B. Sloan 
Executive Director  
Organization of PJM States, Inc.  
700 Barksdale Road, Suite 1  
Newark, DE 19711  
Tel: 601-214-8481  
 
 
Dated at Newark, Delaware this August 21, 2026.