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Expert Analysis

Contesting FERC's Right To Impose Retroactive Surcharges

By David Perlman, Stephen Hug and Margaret Beasley (February 15, 2018, 12:55 PM EST) -- Historically, Sections 205 and 206 of the Federal Power Act have been viewed as authorizing the Federal Energy Regulatory Commission to order refunds when a rate has been suspended and placed in effect subject to refund pursuant to Section 205, or a refund effective date has been established pursuant to Section 206. It has long been held, however, that the filed rate doctrine and the related rule against retroactive ratemaking bar the commission from imposing retroactive rate increases or surcharges for previously provided service....

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