A New Groundwork For Applying The Mobile-Sierra Standard

Law360, New York (March 25, 2013, 12:37 PM EDT) -- In a decision issued Feb. 15, 2013 (New England Power Generators Assn., Inc. v. FERC, No. 11-1422 (D.C. Cir. Feb. 15, 2013)), the United States Court of Appeals for the District of Columbia held that in fulfilling its statutory obligation to ensure that rates charged for sales of electric generation capacity are “just and reasonable,” the Federal Energy Regulatory Commission may apply the Mobile-Sierra public interest standard in considering whether to uphold the rates resulting from the ISO New England Inc.’s capacity auction process.

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