A federal judge has dismissed an antitrust lawsuit brought against Pennsylvania Power & Light Co. (PPL) in 1995 by Schuylkill Energy Resources, Inc. (SER), an independent power producer. SER alleged that PPL's curtailment of electrical output from SER during "minimum generation emergencies" on the regional power pool violated federal antitrust laws.
[A minimum generation emergency is declared by the pool when low amounts of electricity are being used by customers. To ensure the safety of the power system during those times, members must cut back or shut down power generators.]
SER has filed an appeal in the Third Circuit Court of Appeals. According to Richard L. Caplan, SER attorney, "Had evidence been allowed, we would have proved that ratepayers will be harmed by PPL's anticompetitive conduct." SER charges that PPL has excessively curtailed purchases, as many as 83 times during a one-year span, in violation of the Sherman Act.