FERC Asks DC Circ. To Keep Mitts Off Grid Builder Decision

By Nadia Dreid (July 30, 2021, 7:59 PM EDT) -- The Federal Energy Regulatory Commission told the D.C. Circuit Friday that it didn't do anything wrong when it closed a probe into the way a New England power transmission operator was implementing a certain competition rule, but it isn't the panel's place to hear a challenge to its decision in the first place.

The reason that the D.C. Circuit doesn't have the power to review FERC's decision, according to the agency, is because its decision to close the investigation into ISO Power's behavior was made under the Federal Power Act's provision allowing it to do so at the agency's discretion....

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