How Congress May Bail Out FERC On Tolling Orders

Law360 (August 6, 2020, 4:00 PM EDT) -- Both the Natural Gas Act and the Federal Power Act provide that the Federal Energy Regulatory Commission has 30 days to act on an application for rehearing, or the request will be deemed denied, triggering the immediate right to seek judicial review. FERC routinely has relied upon the issuance of so-called tolling orders to negate the automatic denial of the rehearing request if an order has not issued within 30 days, thereby giving itself unlimited additional time within which to act.

In Allegheny Defense Project v. FERC, the U.S. Court of Appeals for the District of Columbia Circuit dealt a major blow to this...

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