DC Circ. Backs FERC's Energy Auction Rate Move

Law360, New York (February 15, 2013, 8:08 PM EST) -- The D.C. Circuit on Friday upheld the Federal Energy Regulatory Commission’s decision to hold forward capacity auction rates for electricity to the same public interest standard as contract rates negotiated between electricity suppliers and purchasers.

The New England Power Generators Association appealed FERC’s move in 2011, arguing it would increase costs for electricity suppliers down the road by creating uncertainty about rate stability. The Maine Public Utilities Commission, along with Massachusetts and Connecticut, filed a separate appeal later, claiming FERC exceeded its authority.

The D.C. Circuit...
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