Third Circuit: PJM Power Providers Group v. FERC

 Sufficient injury for standing from the electric rate increases; as vacating the underlying order would revert the scheme to its prior arrangement, rather than make it subject to change on remand, the injury is sufficiently redressable.

As the statutory cause of action references the generic act, the standard of review is the generic test, rather than a specific threshold in the statute.

Where the vote of the commissioners is tied, and the individual statements of the commissioners therefore in no way constitute an order of the commission, judicial review properly incorporates the entire record, including the individual statements.

When an agency shifts position on an issue, it need not prove that its new approach is better than the previous one. Agency's constructive acceptance of the new policy was neither arbitrary nor capricious, and was supported by substantial evidence in the record.

PJM Power Providers Group v. FERC