On April 7, 2011, PJM Interconnection, L.L.C. (PJM) submitted proposed revisions to its Open Access Transmission Tariff (OATT), Amended and Restated Operating Agreement (Operating Agreement) and Reliability Assurance Agreement Among Load Serving Entities in the PJM Region (Reliability Assurance Agreement). PJM states the purpose of the proposed changes is to clarify PJM’s rules applicable to load reductions made to comply with capacity market commitments. The filing included a request for a waiver of the Commission’s 60-day notice requirement to permit its proposed changes be made effective June 1, 2011.

On June 3, 2011 FERC issued an order stating, “we find that PJM’s proposed tariff changes have not been shown to be just and reasonable and may be unjust, unreasonable, unduly discriminatory or preferential or otherwise unlawful.”

The Commission then suspended PJM’s filing for a five month period to become effective November 7, 2011, subject to refund and to the outcome of a technical conference and further order. Following the decision, EnerNOC wasted no time celebrating yet another FERC victory: "We are very pleased with this outcome,” said David Brewster, President of EnerNOC.

We have always advocated that real, measurable demand response capacity should be recognized for the value it provides to the grid. We will continue to work with FERC staff, PJM and other stakeholders to ensure that PJM’s rules appropriately reflect the full value of demand response resources for the benefit of all ratepayers.
EnerNOC press release, June 6, 2011.

In its order, FERC reminded the parties of its dispute resolution services and even provides the telephone number right in the order. Observing the love between PJM and some of the DSM providers, I wonder if the parties will take the hint.