Appeals

It’s been nearly five months since the DC Circuit heard oral arguments arguments  on the petition for review of  FERC Order 745.  In case you’ve forgotten, Order 745 is FERC’s landmark rule requiring comparable treatment for demand response and generation resources by required RTOs and ISOs to pay the full wholesale price (also known as [...]

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As an independent practitioner with limited staff, many colleagues often ask me how I keep up to date with new developments?  Part of my secret is that I don’t sleep much, but the other part is that I’m constantly looking for ways that technology can make me more efficient. So I’m thrilled about this recent [...]

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Petitions For Review of Order No. 1000 Will Have to Wait

by Carolyn Elefant on June 19, 2012

in Appeals

As I described in detail in my June 2012 Next Generation Energy Law Newsletter , several parties petitioned for review of FERC Order No. 1000, with one party filing at the Seventh Circuit and the others at the D.C. Circuit.   Per the provisions of 28 U.S.C. sec. 2112, the case has since been assigned to the [...]

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For those who don’t subscribe to my law firm newsletter, this month’s issue featured a focus on the FERC Order No. 1000 Appeal. The newsletter discusses a couple of appellate-centric issues, such as why the D.C. Circuit is probably the best forum for the Order No. 1000 appeal, how appeals are priced and my predictions [...]

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I realize that it’s been nearly a month since FERC’s May 17, 2012 Order on Rehearing and Clarification of  Order No. 1000, FERC’s landmark transmission planning and cost allocation rule issued in July 2011. On rehearing, FERC essentially reaffirmed Order No. 1000 in its entirety thus paving the way for judicial review.  There are already [...]

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Update – March 13, 2013 – Legislative fix to Missouri’s lack of power to intervene at FERC is underway. Turns out, the Missouri Public Service Commission – and perhaps other state commissions – may have been wrong about their ability to intervene as a matter of right in Federal Energy Regulatory Commission (FERC) proceedings. In [...]

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Although the DC Circuit may have relaxed the formal tone of its decisions, it certainly hasn’t relaxed the strict jurisdictional requirements for judicial review of FERC orders under Section 313 of the Federal Power Act. Thus, in Indiana Utility Regulatory Commission v. FERC (January 17, 2012), the DC Circuit declined to “cut [the Indiana Commission [...]

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Is the Diminishing Number of FERC Appeals Cause for Concern?

by Carolyn Elefant on December 27, 2011

in Appeals

Each year, I routinely track the cases coming out of the federal circuit court dealing with FERC issues. This past year, the task was fairly easy as the appellate courts’ dockets of FERC cases shrunk significantly – down to 19 as of December 23, 2011 compared with the usual 25-28 cases in past years. True, [...]

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Today marks roughly the 30th day since the first rehearing requests of Order No. 1000 began trickling into FERC.  So not surprisingly, FERC issued a  Tolling Order to afford itself more time to consider the issues raised.  Without the tolling order, FERC decisions, like that issued in Order No. 1000, automatically become final after thirty days [...]

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Hot on the heels of FERC’s issuance of Order No. 1000 comes a proposal out of DOE and FERC to fast-track transmission proposals mired in the state siting process, reports the New York Times. Under the proposal, DOE would delegate to FERC its power under EPAct 2005 to designate high-congestion transmission corridors over which FERC [...]

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