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FERC Can't OK Retroactive Power Rates: DC Circ.

Law360 (February 27, 2009, 12:00 AM EST) -- A federal appeals court ruled Friday that the Federal Energy Regulatory Commission acted beyond its authority when it allowed California electric utilities to raise their rates retroactively as a way to make up for revenue lost during the state's 2001 energy crisis.

The U.S. Court of Appeals for the District of Columbia Circuit said that under the Federal Power Act, FERC could not approve the retroactive rate increases. The decision overturned a Feb. 13, 2007, commission order approving rate increases back to June 1, 2006....
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