DC Circ. Nixes FERC Fees For PacifiCorp, Others

Law360, New York (January 5, 2011, 9:02 PM EST) -- The D.C. Circuit has struck down the Federal Energy Regulatory Commission's 2009 rental fees for PacifiCorp and other hydropower licensees using federal land, ruling that the agency changed its methodology for calculating the annual charge without first gathering public input.

The U.S. Court of Appeals for the District of Columbia Circuit on Tuesday sided with licensees including PacifiCorp, Portland General Electric Co. and the city of Seattle that had argued that FERC's substantially higher fees in 2009 violated its own regulations because the commission did not...
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