FERC Decision Sheds Light On The Importance Of Mitigation

Law360, New York (April 2, 2013, 11:17 AM EDT) -- On March 7, 2013, the Federal Energy Regulatory Commission denied an application to approve MACH Gen LLC’s sale of a subsidiary owning the 1,054-megawatt Harquahala Facility in Arizona to Saddle Mountain Power LLC, a wholly owned subsidiary of an investment fund managed by Wayzata Investment Partners LLC.[1] The decision marks a rare instance of FERC flatly rejecting a proposed sale of a power plant under Section 203 of the Federal Power Act and provides some insight as to what FERC considers to be sufficient mitigation when...
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