FERC Can Reset Rates To Get Utility Refunds, 9th Circ. Says

Law360, New York (August 27, 2012, 9:04 PM EDT) -- The Ninth Circuit found Monday that the Federal Energy Regulatory Commission had the authority to establish electricity market rates for the period when it sought refunds to consumers for high energy prices during California's energy crisis in 2000.

In a published opinion, U.S. Circuit Judge Richard R. Clifton said that while FERC does not have broad authority under the Federal Power Act, the FERC’s orders recalculating the market rates in this case did not overstep its authority because it was a way to obtain refunds from...
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