DC Circ. Backs FERC In New England Power Battle

Law360, New York (June 23, 2009, 12:00 AM EDT) -- A federal appeals court has refused to review a challenge to the Federal Energy Regulatory Commission's authority over a system that sets electricity capacity and affects power prices in New England, rejecting several states' contention that FERC has overstepped its jurisdiction.

The U.S. Court of Appeals for the District of Columbia Circuit on Tuesday denied three consolidated petitions to review FERC orders that had affirmed its authority over the Installed Capacity Requirement, which informs a market that sets New England power costs.

The Connecticut Department of...
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