DC Circ. Sends Mobile-Sierra Dispute Back To FERC

Law360, New York (November 5, 2010, 7:22 PM EDT) -- In a case judges characterized as a "jurisprudential Kabuki dance," a federal appeals court on Friday remanded to the Federal Energy Regulatory Commission the question of whether New England power supply rates can be considered contracts — a question that will dictate how easy it will be to challenge them.

The U.S. Court of Appeals for the District of Columbia Circuit asked FERC to decide whether the rates are contracts and, if not, to give an explanation as to why it believes it has the right...
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