Points of Procedure

Exelon Successfully Intervenes Late to Preserve Settlement Rights

Mark Reishus
November 1, 2019 at 12:42:06 ET

On Oct. 31, 2019, FERC’s Chief Administrative Law Judge (ALJ), Carmen A. Cintron, granted a late-filed motion to intervene submitted by Exelon Corp. in a proceeding involving a complaint from American Electric Power Service Corp. (AEP) alleging that Midcontinent Independent System Operator Inc. had failed to provide AEP and other PJM Interconnection L.L.C. transmission owners with certain Seams Elimination Charge/Cost Adjustments/Assignments (SECA) payments attributable to three load-service entities (LSEs) that were defunct during the transition period for which SECA payments were calculated.

The complaint was filed on Oct. 10, 2017, and the intervention deadline was Nov. 13, 2017.

In its Oct. 25, 2019 motion, Exelon explained that, once Exelon was alleged during the settlement process to be a replacement shipper for the LSEs, it voluntarily participated in discussions with AEP and other parties. “This voluntary participation led to the settlement that has been reached that will obligate Exelon to pay AEP an agreed-upon amount associated with SECA charges alleged to be due by Exelon. In order to preserve its rights under the settlement, including the right to enforce the terms and conditions of the settlement, Exelon now seeks to be a party to the proceeding.”

Cintron concluded that “Exelon establishes good cause to permit its intervention. Under the unusual posture of this case, Exelon agreed to be obligated in a filed settlement. As a result, it is apparent that Exelon’s interests cannot be adequately represented by other parties in the proceeding and that no party will be prejudiced by granting Exelon’s late intervention. As a matter of fact, no party objected to Exelon’s late intervention, which further evinces the lack of prejudice to parties.”

See ¶214.43 — Late Intervention — Granted (Interest Not Represented) and ¶214.44 — Late Intervention — Granted (No Prejudice or Burden) for more summaries of orders granting late-filed motions to intervene.

American Electric Power Service Corp. v. Midcontinent Independent System Operator Inc., Docket No. EL18-7-000 “Order of Chief Judge Granting Late Motion to Intervene” (Oct. 31, 2019) (C.J. Cintron) (Unreported).

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