Yes, the same 3, and your right about them encouraging teams to sue.
They were however, overruled last time (to a degree), and given the implications of what could happen to the rest of the league with everyone suing everyone else on the back of this dangerous precedent, I'd fully expect them to be overruled again.
In all honestly, I'm amazed this hasn't been thrown out before it even gets to these 3 individuals. How can Everton be held accountable for the Premier League delaying the punishment for a PSR breach? That's not Everton's decision to make, so full liability should be on the Premier League for any of Burnley's losses.
In addition, I hope Everton go the step further and counter sue the 3 man panel its self. They are clearly not fit for purpose, and have shown twice now how they can come to a decision that's disproportionately bias against Everton.