DC Circ. Strikes Down FERC Power Rate Order

Law360, New York (February 11, 2011, 5:20 PM EST) -- The D.C. Circuit has vacated a Federal Energy Regulatory Commission order allowing power transmission companies that purchase power from energy generators to choose between two methods of compensating the generators.

Granting a petition for review by Dynegy Midwest Generation Inc., the U.S. Court of Appeals for the District of Columbia Circuit ruled Friday that the order is unduly discriminatory because it would cause generators in different zones to be compensated differently.

Dynegy owns and operates power generation facilities that are part of the Midwest Independent Transmission...
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