DC Circ. Backs FERC In Nixing Congestion Fee Suit

Law360, New York (February 5, 2013, 6:00 PM EST) -- The D.C. Circuit refused Tuesday to review the Federal Energy Regulatory Commission's dismissal of PPL EnergyPlus LLC's complaint that a regional transmission organization shirked its legal responsibility to charge energy grid users adequate transmission congestion fees, saying the regulator acted appropriately.

A three-judge panel said that it saw nothing in FERC's 2011 order to suggest the regulator acted outside the limits of its discretion in dismissing PPL's complaint that alleged PJM Interconnection LLC violated the terms of its open access transmission tariff by chronically underfunding the...
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