La. Agency Comes Up Short In Spat With FERC

Law360, New York (December 31, 2008, 12:00 AM EST) -- The U.S. Court of Appeals for the D.C. Circuit has rejected a challenge brought by the Louisiana Public Service Commission over the U.S. Federal Energy Regulation Commission's approval of the Entergy system long-term allocation plan.

On Tuesday, the D.C. Circuit rebuffed Louisiana's petition for review of the FERC orders, upholding the agency's decision to allow Entergy to spread production costs among its affiliates.

“We find ourselves unconvinced by the Louisiana commission’s arguments for second-guessing FERC’s judgment,” the opinion said. “Although the administrative law judge acknowledged an...
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