Earthjustice urges strict operational penalties to enforce peak‑shaving commitments

Earthjustice urged the commission to require strict operational penalties if Maryland adopts a peak‑shaving path to secure a PJM opt‑out. Associate attorney Aaliyah Atkins said financial penalties alone would be insufficient to change behavior by well‑capitalized large loads such as data centers.

"Operational penalties are necessary specifically because financial penalties for non‑performance are insufficient to ensure that well capitalized large loads will comply with peak‑shaving instructions," Atkins said, noting FERC (FERC) and PJM precedent recognizing operational remedies (disqualification, pause in service) for unreserved transmission use. Atkins also cited recent events where data‑center behavior caused large reliability swings in neighboring regions, arguing operational penalties would provide stronger deterrence than fines.

Commissioners asked whether penalty details could be finalized after issuing an expedited directive. Atkins and other commenters recommended including language in any immediate order that directs utilities to develop operational penalties now, while reserving specifics for a short follow‑up stakeholder process so that the commission and PJM can assess enforceability before the opt‑out window closes.