DC Circ. Raises Bar For Utility Rate Complaints

By James Beh, Kenneth Driver and Patrick Metz (May 23, 2017, 4:16 PM EDT) -- In Emera Maine v. Federal Energy Regulatory Commission, 854 F.3d 9 (D.C. Cir. 2017), the D.C. Circuit vacated FERC's Opinion No. 531 and remanded the case to FERC, and in doing so, reiterated that when acting under Section 206 of the Federal Power Act (FPA), FERC must find an existing rate to be unjust and unreasonable before moving to set a just and reasonable rate....

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