ER26-3380-000 · 2026-08-21 · Public Service Commission of West Virginia
Comments of Public Service Commission of West Virginia in response to PJM Interconnection, L.L.C.’s Reliability Backstop Procurement proposal
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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 PUBLIC SERVICE COMMISSION OF WEST VIRGINIA
The Public Service Commission of West Virginia (“PSCWV”) respectfully files these
comments to address concerns regarding PJM’s July 31, 2026 filing proposing a series of steps to
acquire a predetermined quantity of capacity in a process it calls Reliability Backstop Procurement
(“RBP”).1 While the stated need for its unusual and hurry-up new capacity acquisition approach
is “primarily driven by the unprecedented addition of large loads, most notably data centers, in the
PJM Region”2 the target level for PJM’s RBP is not specific to new large loads and is not
sufficiently flexible to modify the RBP target if alternative proposals, championed by PJM itself,
are successful in acquiring capacity for the new large loads in a more direct way that better protects
other electric customers from bearing cost increases for RBP capacity they do not need, and which
may not be needed even for new large load.
The PSCWV does not support the filing in its present form and timetable because the
proposal fails to provide adequate support that the target level of so-called backstop capacity is
needed and the proposed tariff fails to assure that the RBP will acquire capacity for and will be
paid for by New Large Loads (NLL) created by data centers that have not made arrangements to
provide their own capacity (“unsupported NLL”). This major defect in the PJM RBP is created
because PJM is effectively preempting its own parallel path “bilateral matching process” which,
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 PJM filing Cover Letter page 1.PDF page 2
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as explained by PJM, reflects a stakeholder’s preferred method for NLL to cover its capacity
requirements.
Indeed, throughout the underlying stakeholder process, PJM members have
expressed a strong preference for bringing new capacity to the PJM system
voluntarily through bilateral contracting rather than through the RBP. To streamline
and support the efforts of PJM members to enter into bilateral arrangements for
capacity, PJM, in partnership with PJM consultant Charles River Associates, has
facilitated bilateral arrangements through a bilateral matching process with the aim
of connecting supply of new capacity, i.e., new capacity resources, with new
demand for that capacity, i.e., new load.3
Instead of waiting to see if the bilateral matching process resolves the immediate need for
capacity to serve NLL, PJM is proposing the RBP based on a perceived 6,831 MW shortfall from
its capacity target set for its last capacity auction.4 Although PJM’s filing provides for offsets to
reduce this artificial and potentially unnecessary 6,831 MW target, the offsets are subject to
complex and potentially discouraging qualifications that will likely understate offsets and result in
an excessive final RBP capacity target that will be committed for fifteen years at high prices that
will likely exceed the clearing prices of the last two capacity auctions and could exceed an average
of $1.4 billion per year.5
The qualifications for the offset include:
• Expected commercial operation date no later than June 1, 2032;
3 Id. page 30.
4 The Initial RBP Target is the region-wide 2028/2029 Delivery Year reliability shortfall observed in the July 2026
BRA for Delivery Year 2028/2029, i.e., 6,831.3 MW UCAP.
5 PJM is setting a maximum $555 per MW-day average levelized cost of all RBP procured capacity on a “pay-as-bid”
basis. Thus, the marginal cleared capacity offer could be many times higher than $555 per MW-day. If it maintained
and acquired the 6,831 MW target at an average of $555 per MW-day, the fifteen-year price tag that PJM would
commit its load serving entities to pay would be $1.4 billion per year. Although there is a hope that the load serving
entities could recover that from unsupported NLL, the risk is that a portion will be passed on to other customers. The
bilateral matching of willing buyers and willing sellers or any true two-sided reliability backstop auction that identifies
and commits willing buyers will eliminate that risk and therefore is far superior to an administratively determined
assumed willingness to pay that is assigned to state load serving entities and leaves it up to the states to assure other
customers are not burdened with those costs.PDF page 3
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• New build generation resource;
• If incremental capacity created by an uprate of existing Generation Capacity
it qualifies, but only to the extent it is an increase in installed capacity;
• If repowering of a deactivated generation resource the deactivation must
have taken place prior to April 10, 2026;
• Evidence of a signed bilateral contract for at least five Delivery Years with
a commercial operation date prior to the start of the 2032/2033 Delivery
Year, and matched with load that has an executed electric service agreement
2027/2028 or 2028/2029 Delivery Year; or
• Self-Supply generation that is in an approved or accepted integrated
resource plan.6
While these qualifications for an offset from the load serving entity allocated share of the 6,831
target for the RBP can be individually defended, they are necessary only because the starting point
for the RBP is a presumed shortfall, not directly tied to unsupported NLL, in PJM’s reliability
target that has not been properly modified after the results of the bilateral matching of NLL to new
capacity are known and the PJM capacity model has been rerun eliminating unsupported NLL with
Bring Your Own Generation (“BYOG”) NLL.
FERC should not allow PJM to put the cart before the horse, or ineffectively beside the
horse, by allowing a premature implantation of a flawed RBP while the superior bilateral matching
process is underway and the results are unknown. To the extent that new large loads procure new
capacity directly the RBP procurement target should decrease. But even more importantly, from a
cost allocation approach the bilateral contracting is superior because it reduces, or eliminates, the
risk of other customers bearing costs of capacity acquired for NLL. Bilateral contracts allow the
costs of new capacity to be assumed directly by the contracting new large loads, creating the need
for that capacity. Therefore, there is a reduced need for a large PJM RBP capacity procurement
target. Lowering the RBP target reduces the capacity costs assigned to load serving entities that
6 Tariff Attachment DD 18.2PDF page 4
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could be potentially stranded if the new large loads cannot pick up the cost, and minimizes the risk
of cost shifts to other, non-NLL data center customers.
The bilateral matching process is superior to the one sided PJM capacity market which has
no real demand price curve bid by willing buyers. The PJM administratively determined demand
curve may be necessary to acquire capacity under normal circumstances. But “ the proposed RBP
differs significantly from PJM’s standard market constructs.”7 Therefore, a market that receives
price bids from willing buyers is superior and a reason to rely more on the bilateral contracting to
acquire capacity to serve NLL rather than prematurely rushing into the RBP.
Under the bilateral contracting model, willing buyers contract with willing sellers without
resorting to centralized procurement by PJM and a complicated cost allocation or assignment
approach that assigns costs to load serving entities and leaves it up to them to recover the costs
from NLL. Thus, a real supply price/demand price capacity acquisition approach is better at
addressing the region’s capacity needs created by NLL while protecting existing customers.8
CONCLUSION
To protect customers, and to accomplish goal of assigning costs incurred to serve NLL at
a minimum, FERC should require PJM to determine a new target for the RBP based on the model
from its last capacity auction run under two different scenarios.’ One run should exclude all NLL.
7 Affidavit of Danille Croop, Par. 22, Page 6
8 Although transmission issues are not a part of this docket, the PSCWV is concerned that protection of customers as
NLL Data Centers stress the electric system will become more and more important in the future and a potential $1.4
billion per year price tag will seem small in the future as FERC, PJM, and states face costs of network upgrades to
serve the increasing load and new generation resources. We are currently protected by assignment of network upgrade
costs to interconnecting generators, and eventually to interconnecting NLL. We are also gratified that NLL Data
Centers have pledged, along with the White House and state governors to protect customers from costs associated
with NLL Data Center electric needs. But allocation of transmission costs and normal RPM capacity to the correct
beneficiaries is going to remain a difficult issue that will be faced in the future. We believe that there is, therefore, a
nexus between this case and future transmission and RPM cases because establishing the policies and procedures to
assure that costs necessary to serve new large load will be the overarching cost allocation issues in the future for both
wholesale power supply and interstate transmission.PDF page 5
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The second run should exclude NLL that is bringing its own generation pursuant to the bilateral
matching process established by PJM or for any other reason. The difference between the two
results will provide a critical piece of information that is necessary to determines if the RBP is
needed, and, if it is needed, what level of capacity is needed due to unsupported NLL. Moreover,
by comparing a capacity reliability target that is created by unsupported NLL and providing states
with the location and amounts of the unsupported NLL that the RBP is acquiring capacity for, PJM
can provide states with the information needed to identify unsupported NLL, allocate the capacity
costs to that NLL, and insulate other customers from paying for capacity acquired to serve NLL.
In addition, before committing the hopefully much lower level of RBP capacity there should be
some delay after providing the state level information to states and their load serving entities so
that they can determine that there is a realistic opportunity to recover the costs from the
unsupported NLL and how they will accomplish that recovery.
Respectfully submitted this 21st day of August, 2026.
Public Service Commission of West Virginia,
by counsel
/s/ Robert M. Adkins____________
Robert M. Adkins, General Counsel
WV State Bar I.D. No. 79
radkins@psc.state.wv.us
201 Brooks Street, Post Office Box 812
Charleston, West Virginia 25323
(304) 340-0450PDF page 6
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.
Dated at this 21st day of August, 2026.
Robert M. Adkins, General Counsel
radkins@psc.state.wv.us
201 Brooks Street, Post Office Box 812
Charleston, West Virginia 25323
(304) 340-0450
/s/ Robert M. Adkins____________
Robert M. AdkinsPDF page 7
Public Service Commission
Robert M. Adkins, General Counsel
201 Brook Street, P.O. Box 812
Phone: (304) 340-0450
Charleston, WV 25323
Fax: (304) 340-3758
E-mail: radkins@psc.state.wv.us
August 21, 2026
The Honorable Debbie-Anne A. Reese, Secretary
Federal Energy Regulatory Commission
888 First Street, N.E.
Washington, D.C. 20426
Re:
Docket No. ER26-3380-000
Dear Secretary Reese:
Enclosed for filing in the above referenced proceeding is the Comments of the Public
Service Commission of West Virginia.
Copies of this document have been sent to the persons named on the Service List in
this proceeding.
Respectfully submitted,
Robert M. Adkins
(filed electronically)
Robert M. Adkins
General Counsel
WV State Bar I.D. No. 79
RMA/rm