Settlement Near?

By Rich Heidorn Jr.

We started publishing PJM Insider a few months ago to provide comprehensive and objective news coverage and analysis of the PJM Interconnection. In this article, we won’t pretend to be objective, because this involves us – and you.

Those of you who have attended or listened in to PJM meetings in the last few months have gotten used to me introducing myself with the statement: “PJM Insider is neither associated with, nor endorsed by, PJM Interconnection, LLC.”

A number of you whom I’ve gotten to know personally have shaken your head in disbelief when I told you that — despite the ubiquitous disclaimers on our website and newsletter — PJM has been threatening since February to sue us over our name.

On Thursday, PJM sent a draft of that long-threatened suit to our lawyer. Central to PJM’s claim is that we are confusing you into thinking we’re connected with PJM. PJM also accuses us of “unfair competition.”

Since receiving the suit, our lawyer has spent hours on the phone with PJM’s counsel in an attempt to settle this matter without litigation.

As we will explain later, we feel very strongly that the use of “PJM” in our title is protected by both the fair use doctrine and the news reporting/news commentary privilege. We are confident that we would win in court.

But as a small, very new publication, we have to pick our fights. We have agreed to pursue settlement discussions to avoid the distraction and cost of litigation and keep our focus on providing PJM’s stakeholders with the best quality journalism and analysis.

This is a service PJM deserves – and more importantly – needs. Hundreds of you tell us every week that you agree, by opening our emails and visiting our website.

The final details of this settlement should be worked out over the next couple days. The outlines are the deal are that we will agree to transition to a new title and new URL using our corporate name, RTO Insider.

So, sometime soon, you may see “RTO Insider/PJM.” Same intensive coverage, less contentious name.

We’ll provide more details in a couple of days. The less said now — in the middle of negotiations — the better.

In the meantime, know that we remain: “Your Eyes and Ears at the PJM Interconnection.”