DC Circ. Upholds FERC Competitive Markets Rule

Law360, New York (December 29, 2008, 12:00 AM EST) -- A federal appeals court has ruled that utility companies purchasing electricity from a facility that produces energy by alternative means do not have to do so in a competitive market.

A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit ruled that under a subsection of a 2006 Federal Energy Regulatory Commission rule, utility companies do not have to purchase from alternative energy providers in what is considered to be a competitive market.

The ruling, by Judges Merrick B. Garland, Janice...
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