Power Giants Join DC Circ. Challenge Of FERC Incentives Rule

Law360, New York (June 21, 2012, 8:30 PM EDT) -- Two electricity suppliers told the D.C. Circuit on Wednesday that a controversial new Federal Energy Regulatory Commission rule mandating payments for consumers to use less power during peak demand periods was well-intentioned but beyond the government's jurisdiction.

In a brief filed with the appeals court, PPL Corp. and PJM Power Providers Group said the March 2011 demand response compensation rule, while aimed at achieving a noble goal, violated the Federal Power Act by appropriating electricity price-setting powers historically reserved for the states.

“Like a practitioner without...
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