FERC 'Single Entity' Ruling Increases Successor Liability Risk

Law360 (August 1, 2019, 1:34 PM EDT) -- When a business entity that is regulated by the Federal Energy Regulatory Commission is closely related to another business entity, FERC takes the position that under some circumstances it may treat the two different legal entities as if they were one single entity.[1] FERC ruled recently that it “may disregard the corporate form in the interest of public convenience, fairness, or equity” and “[t]his principle of allowing agencies to disregard corporate form is flexible and practical in nature.”[2]

As a result, a new power marketer could be barred by a regional transmission organization from participating in the market unless it paid...

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