DC Circ. Overturns FERC On Energy Facility Transfer

Law360, New York (December 4, 2013, 6:25 PM EST) -- The D.C. Circuit overturned Tuesday a Federal Energy Regulatory Commission decision to allow the transfer of certain energy transmission facilities from one regional transmission organization to another, calling the decision arbitrary and capricious.

Southwest Power Pool Inc. appealed the decision by FERC allowing fellow regional transmission organization Midcontinent Independent System Operator Inc. to use its transmission facilities once MISO absorbs Entergy Arkansas Inc., a subsidiary of Entergy Corp. FERC interpreted a clause in the joint operating agreement between SPP and MISO as requiring the competitor to...
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