In a petition for review of the Federal Energy Regulatory Commission's (FERC) approval of a settlement agreement establishing rate-setting mechanisms for the sale of energy capacity, circuit court's partial grant of the petition is reversed where: 1) the Mobile-Sierra presumption does not depend on the identity of the complainant who seeks FERC investigation, and the presumption is not limited to challenges to contract rates brought by contracting parties; and 2) contrary to the ruling below, the Mobile-Sierra presumption applies when a rate challenge is brought by a non-contracting third party.
Read NRG Power Mktg., LLC v. Maine Pub. Utils. Comm., No. 08-674
Appellate Information
Filed January 13, 2010
Judges
Opinion by Justice Ginsburg
Dissent by Justice Stevens
