FERC Can't Set Independent 'Station Power' Charges: DC Circ.

Law360, New York (December 18, 2012, 6:58 PM EST) -- The D.C. Circuit on Tuesday affirmed the Federal Energy Regulatory Commission’s conclusion that it does not have the authority to regulate public utility charges to independent generators for their own electricity needs.

A three-judge panel agreed with the FERC’s orders that it cannot regulate public utility charges to independent generators for so-called “station power,” which refers to the power the generators need for light, heat, air-conditioning, among other basic uses, according to the opinion.

"The commission’s jurisdictional determination was not arbitrary or capricious," the panel said....
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