1st Circ. Tosses $3.6B Utilities Suit As An Issue For FERC

Law360 (September 18, 2019, 10:44 PM EDT) -- The First Circuit on Wednesday affirmed a Massachusetts trial court’s decision to toss a proposed class action claiming Eversource Energy and Avangrid Inc. drove up electricity prices by $3.6 billion, saying the issue of accepted rates is up to the Federal Energy Regulatory Commission rather than the courts.

The proposed class of consumers had sought to revive a case dismissed by a Massachusetts federal court in February, saying FERC has only shared jurisdiction over the rates and that the filed rate doctrine — a general prohibition on FERC-regulated utilities charging any rate other than the one on file with the commission...

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