Utility Tariffs Can Include Political Activity: Court

Law360, New York (December 17, 2008, 12:00 AM EST) -- A federal appeals court has ruled that ISO New England Inc., New England's energy markets administrator, can set tariffs that incorporate its expenditures on certain “government affairs” activities, rejecting arguments of utility companies that said the Federal Energy Regulatory Commission should have rejected the tariffs because they included political lobbying expenses.

After the Federal Energy Regulatory Commission approved the 2005 and 2006 tariffs set by ISO-NE — a private, nonprofit entity that administers New England energy markets and operates the region's bulk power transmission system —...
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