US Gets 9th Circ. On Its Side In Market-Rate Energy Fight

Law360, New York (October 13, 2011, 7:18 PM EDT) -- The Ninth Circuit on Thursday upheld an order from the Federal Energy Regulatory Commission allowing utilities to charge market-based rates if they can establish they do not possess market power, rejecting challenges from state attorneys general and public advocacy groups.

Under FERC Order 697, published in July 2007, sellers of wholesale electricity can file market-based rates with FERC if they first demonstrate they lack market power in both the generation and transmission of energy. Once approved, the utilities must submit analyses every three years that show...
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