DC Circ. Nixes Arbitrageurs' Challenge To RTO Regs

Law360, New York (August 6, 2013, 7:15 PM EDT) -- The D.C. Circuit on Tuesday declined an appeal from a group of electric power arbitrageurs challenging the Federal Energy Regulatory Commission's approval of a regional transmission organization policy restricting their access to monetary surplus created by the way it operates its electricity markets.

Petitioner Black Oak Energy LLC and intervenor City Power Marketing LLC — two virtual marketers that buy and sell electricity to make money from price changes — lost their bid to declare that the FERC violated the Federal Power Act by allowing regional...
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