Appeals Court Checks FERC's Regulatory Authority

Law360, New York (July 23, 2007, 12:00 AM EDT) -- An appeals court on Friday vacated a Federal Energy Regulatory Commission order that a California city refund a power utility, thereby limiting FERC's power to regulate governmental entities.

A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit unanimously found that the Federal Power Act (FPA) does not grant FERC, an independent federal agency, the power to compel cities--in this case, Vernon, Calif.--to refund utilities that have given more than their share of power as set by a transmission revenue requirement...
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