FERC Is No Shield For $3.6B Utility Scheme, 1st Circ. Told

By Keith Goldberg (May 20, 2019, 6:19 PM EDT) -- The doctrine barring courts from changing Federal Energy Regulatory Commission-accepted rates doesn't cover claims that Eversource Energy and Avangrid Inc. manipulated natural gas supplies and drove up New England electricity prices by $3.6 billion, customers told the First Circuit Monday.

A proposed class of New England consumers seeking to revive their price manipulation lawsuit after it was dismissed by a Massachusetts federal judge said the so-called filed rate doctrine — a general prohibition on FERC-regulated utilities charging any rate other than the one on file with the commission — doesn't apply to unregulated misconduct that impacts markets not regulated by FERC. In this case, that's...

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