{"document":{"slug":"filing-20260722-5175","title":"Motion to Rescind Show Cause Order of Allegheny Electric Cooperative, Inc","issued":"2026-07-22","accession":"20260722-5175","docket":"EL26-67-000","group":"PJM filings","filer":"Allegheny Electric Cooperative, Inc.","kind":"motion","file":"sources/originals/20260722-5175_01.pdf","url":"https://elibrary.ferc.gov/eLibrary/filelist?accession_Number=20260722-5175","sha256":"e5f9b9c770db336705ea3b3c984eb5157fc6834a6ae811a5b177dd44575e8818","pages":6,"tokens":1174,"emptyPages":[]},"pages":[{"page":1,"startToken":0,"endToken":178,"text":"UNITED STATES OF AMERICA \nBEFORE THE \nFEDERAL ENERGY REGULATORY COMMISSION \n \nPJM Interconnection, L.L.C.  \n \n \n \nDocket No. EL26-67-000 \nAEP Appalachian Transmission Company, Inc. \nAEP Indiana Michigan Transmission Company, Inc. \nAEP Kentucky Transmission Company, Inc. \nAEP Ohio Transmission Company, Inc. \nAEP West Virginia Transmission Company, Inc. \nAllegheny Electric Cooperative, Inc. \nAmerican Transmission Systems, Incorporated \nAppalachian Power Company \nAtlantic City Electric Company \nBaltimore Gas and Electric Company \nCommonwealth Edison Company \nCommonwealth Edison Company of Indiana, Inc. \nDayton Power and Light Company \nDelmarva Power & Light Company \nDuke Energy Kentucky, Inc. \nDuke Energy Ohio, Inc. \nDuquesne Light Company \nEssential Power Rock Springs, LLC \nHudson Transmission Partners, LLC \nIndiana Michigan Power Company \nJersey Central Power & Light Company \nKentucky Power Company \nKeystone Appalachian Transmission Company \nKingsport Power Company \nLinden VFT, LLC \nMid-Atlantic Interstate Transmission, LLC \nMonongahela Power Company \nNeptune Regional Transmission System, LLC \nNextEra Energy Transmission MidAtlantic Indiana, Inc. \nOhio Power Company \nOhio Valley Electric Corporation \nOld Dominion Electric Cooperative \nPECO Energy Company \nPPL Electric Utilities Corporation \nThe Potomac Edison Company \nPotomac Electric Power Company \nPublic Service Electric and Gas Company \nRockland Electric Company"},{"page":2,"startToken":178,"endToken":409,"text":"2 \n \nSilver Run Electric, LLC \nTrans-Allegheny Interstate Line Company \nTransource West Virginia, LLC \nUGI Utilities, Inc. \nVirginia Electric and Power Company \nWabash Valley Power Association, Inc. \nWheeling Power Company \n \n \nMOTION TO RESCIND SHOW CAUSE ORDER AS TO \nALLEGHENY ELECTRIC COOPERATIVE, INC. \n \nPursuant to Rule 212 of the Commission’s Rules of Practice and Procedure,1 Allegheny \nElectric Cooperative, Inc. (“Allegheny”) hereby submits this motion to the Federal Energy \nRegulatory Commission (“FERC” or “Commission”) to rescind the show cause order (“PJM \nShow Cause Order”)2 directed to Allegheny and issued on June 18, 2026, in the above captioned \nproceeding.   \nI. \nDESCRIPTION OF ALLEGHENY \nAllegheny, the owner of transmission facilities turned over to the operational control of \nPJM Interconnection, L.L.C. (“PJM”) and thus a PJM transmission owner (“PJM TO”), is a \nnon-profit electric generation and transmission cooperative (“G&T Cooperative”) corporation, \nincorporated under the Electric Cooperative Law of the Commonwealth of Pennsylvania.  It is \nthe exclusive wholesale supplier of its 14 electric distribution cooperative members located in \nPennsylvania and New Jersey.  Like other G&T Cooperatives, Allegheny is owned entirely by \nits members.  Each of Allegheny’s members either receives financing under the Rural \nElectrification Act of 1936 or sells less than 4 million megawatt hours of electricity per year.  \n \n1  \n18 C.F.R. § 385.212 (2026). \n2  \nPJM Interconnection, L.L.C., 195 FERC ¶ 61,211 (2026) (“PJM Show Cause Order”)."},{"page":3,"startToken":409,"endToken":702,"text":"3 \n \nFor this reason, Allegheny is not a public utility subject to FERC jurisdiction, pursuant to \nSection 201(f) of the Federal Power Act.3   \nII. \nRELEVANT BACKGROUND \nOn June 18, 2026, the Commission issued the PJM Show Cause Order, thereby initiating \na proceeding under Section 206 of the Federal Power Act.  The PJM Show Cause Order found \nthat PJM’s Open Access Transmission Tariff (“Tariff”) appears to be unjust, unreasonable, or \nunduly discriminatory or preferential for failure to include specific provisions addressing the \ninterconnection of data centers, manufacturing facilities, and other large energy users.4  The \nPJM Show Cause Order directed PJM and certain of the PJM TOs either to explain how the \nTariff remains just and reasonable without specific provisions for the interconnection of large \nload or to develop such provisions.5     \nOn the same day, the Commission initiated similar Federal Power Act Section 206 show \ncause proceedings against five other regional transmission organizations/independent system \noperators (“RTOs/ISOs”) and their transmission owners.6   \nIII. \nJUSTIFICATION FOR RESCISSION \nThe Commission directed the PJM Show Cause Order to PJM and to those PJM TOs that \nare public utilities, and it expressed an intention to exempt those PJM TOs that are not subject to \nFERC jurisdiction.7  The Commission specifically indicated that it did not address the PJM \nShow Cause Order to the following PJM TOs because they are not public utilities pursuant to \nSection 201(f) of the Federal Power Act:  AMP Transmission, LLC; City of Cleveland, \n \n3  \n16 U.S.C. § 824(f) (2026).   \n4  \n195 FERC ¶ 61,211 at P 3.    \n5  \nId. \n6  \nSee, e.g., Cal. Indep. Sys. Operator Corp., 195 FERC ¶ 61,214 (2026) (“CAISO Show Cause Order”).   \n7  \n195 FERC ¶ 61,211 at P 3, n.13."},{"page":4,"startToken":702,"endToken":1035,"text":"4 \n \nDepartment of Public Utilities, Division of Cleveland Public Power; City of Hamilton, Ohio; \nEast Kentucky Power Cooperative, Inc.; and Southern Maryland Electric Cooperative, Inc.8  \nThe Commission, however, noted that it retains the authority to review each of these entities’ \ntariff provisions as a component of PJM’s Tariff in an order to show cause directed towards \nPJM, and it also noted that PJM is obliged to respond regarding these entities’ tariff provisions.9    \nAs demonstrated above, Allegheny is not a public utility pursuant to Section 201(f) of \nthe Federal Power Act.  Accordingly, like each of the PJM TOs that the Commission identified \nas non-public utilities, Allegheny should have been exempted from the PJM Show Cause Order.  \nAllegheny believes that the Show Cause Order directed to it was issued in error.  In requesting \nrescission of the Show Cause Order as to it, Allegheny acknowledges the Commission’s \nauthority to review the Allegheny-specific provisions of the Tariff and pledges to cooperate with \nPJM, to the extent that PJM requests assistance from Allegheny, in crafting its response. \nAllegheny submits this request for recission consistent with the Commission’s guidance \nto transmission owners that are not subject to its jurisdiction located in other ISO/RTO regions.  \nFor instance, the Commission directed the CAISO Show Cause Order to CAISO transmission \nowners that are not public utilities despite their non-jurisdictional status “because their \nTransmission Owner Tariffs on file with the Commission detail the wholesale load \ninterconnection process in CAISO.”10  The Commission advised that, “[i]f a non-public utility \nwishes to be removed from this proceeding, we will rescind the show cause order against them \nat their request . . ..”11  Allegheny’s motion for rescission is thus consistent with this guidance. \n \n8  \nId.   \n9  \nId. (citing Sw. Power Pool, Inc., 180 FERC ¶ 61,022 at P 40 (2022)). \n10  CAISO Show Cause Order, 195 FERC ¶ 61,214 at P 2, n.9.  For the record, the Allegheny-specific \nportions of the PJM Tariff do not include interconnection processes or policies.   \n11  Id."},{"page":5,"startToken":1035,"endToken":1113,"text":"5 \n \nIV. \nCONCLUSION \nFor the reasons indicated above, Allegheny respectfully requests that the Commission \nrescind the PJM Show Cause Order against it, as a non-public utility, and asks that the \nCommission waive any notice and comment periods that might be applicable to this motion. \nDated:  July 22, 2026  \n \n \nRespectfully Submitted, \n/s/ Joshua E. Adrian  \nJoshua E. Adrian \nThompson Coburn, LLP \n1909 K Street, NW \nSuite 600 \nWashington, D.C.  20006 \n(202) 585-6922 \n \nAttorney for Allegheny Electric Cooperative, Inc."},{"page":6,"startToken":1113,"endToken":1174,"text":"CERTIFICATE OF SERVICE  \nI hereby certify that I have this day caused the foregoing document to be served on the \nofficial service list compiled by the Secretary in this proceeding. \nDated at Washington, DC, this 22nd day of July, 2026. \n/s/ Joshua E. Adrian  \nJoshua E. Adrian \nThompson Coburn, LLP  \n1909 K Street, NW  \nSuite 600 \nWashington, DC 20426  \n(202) 525-6922"}],"sections":[{"p":1,"at":0,"title":"Opening text","method":"opening text","endPage":2,"endAt":683,"startToken":0,"endToken":275},{"p":2,"at":683,"title":"I. DESCRIPTION OF ALLEGHENY","method":"printed heading","endPage":3,"endAt":144,"startToken":275,"endToken":434},{"p":3,"at":144,"title":"II. RELEVANT BACKGROUND","method":"printed heading","endPage":3,"endAt":1098,"startToken":434,"endToken":574},{"p":3,"at":1098,"title":"III. JUSTIFICATION FOR RESCISSION","method":"printed heading","endPage":5,"endAt":5,"startToken":574,"endToken":1036},{"p":5,"at":5,"title":"IV. CONCLUSION","method":"printed heading","endPage":5,"endAt":10,"startToken":1036,"endToken":1037},{"p":5,"at":10,"title":"CONCLUSION","method":"printed heading","endPage":6,"endAt":0,"startToken":1037,"endToken":1113},{"p":6,"at":0,"title":"CERTIFICATE OF SERVICE","method":"printed heading","endPage":6,"endAt":370,"startToken":1113,"endToken":1174}]}