Texas-based Vistra Corporation was hoping to get the go-ahead from the Federal Energy Regulatory Commission this month for its proposed acquisition of Energy Harbor’s nuclear assets, but on October 13, the agency issued an order extending its review of the deal (called “tolling the time” in bureaucratese) to April 11, 2024. Currently down one seat, the four-member FERC voted 3–1 for the time extension, with the lone dissent coming from commissioner James Danly.

The Department Justice earlier this week filed comments with the Federal Energy Regulatory Commission regarding Vistra Corporation’s proposed acquisition of Energy Harbor, the Ohio-based owner and operator of the Beaver Valley, Davis-Besse, and Perry nuclear plants. Echoing misgivings raised in June by PJM Interconnection’s market monitor Monitoring Analytics regarding the possible exercise of undue market power as a result of the deal, the DOJ Antitrust Division’s 16-page document urges FERC to carefully review the proposal to ensure it will not substantially lessen competition and increase wholesale electricity prices in the PJM region.