A proposal by PJM Interconnection to modify the Federal Energy Regulatory Commission’s contentious minimum offer price rule (MOPR) order went into effect by default on Wednesday after the commission failed to take action on it.

According to a notice from the FERC secretary, “In the absence of commission action on or before September 28, 2021, PJM’s proposal became effective by operation of law. Accordingly, the effective date of the proposed tariff sheets is September 29, 2021. The commission did not act on PJM’s filing because the commissioners are divided two against two as to the lawfulness of the change.”

In the latest legal action over the New Jersey Board of Public Utilities’ (BPU) April 2019 order providing subsidies to the Hope Creek and Salem nuclear plants, the state’s Supreme Court has declined to hear an appeal.

Three Illinois nuclear power plants—Byron, Dresden, and Quad Cities—did not clear in last week’s long-delayed PJM Interconnection capacity auction, Exelon Generation reported in a filing with the Securities and Exchange Commission.

The news is likely to further pressure the Illinois General Assembly to pass a comprehensive energy package—one with subsidies for the state’s financially ailing nuclear plants—before Exelon moves forward with its plan, announced last August, to prematurely retire Byron and Dresden.