Not So Fast, Ohio: FERC Weighs In On Wholesale Energy

Law360, New York (May 24, 2016, 12:47 PM EDT) -- Joseph H. Fagan

David T. Doot In a pair of orders reminiscent of the recent U.S. Supreme Court opinion in Hughes concerning federal and state jurisdiction, the Federal Energy Regulatory Commission recently affirmed its exclusive role in ensuring just and reasonable rates for wholesale sales of electric energy and capacity, including those for sale already approved by Ohio public utility regulators.

The commission left for another day the decision of whether it would approve the specific power purchase agreements between American Electric Power Company Inc. (AEP) and FirstEnergy Corp. (collectively, Ohio utilities) and their wholesale power sales affiliates (affiliate PPAs) that...

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