Maine Pub. Util. Comm'n v. FERC, No. 06-1403
Petition for Review of FERC Order
Maine Pub. Util. Comm'n v. FERC, No. 06-1403, involved a petition for review of the Federal Energy Regulatory Commission's (FERC) approval of a settlement agreement that redesigned New England's electricity capacity market. The court granted the petition where the FERC failed to address two issues concerning the application of the Mobile-Sierra doctrine.
As the court wrote: "These consolidated petitions for review are before us once again. The Maine Public Utilities Commission and the Attorneys General of Connecticut and Massachusetts, representing energy customers, challenged FERC's approval of a settlement agreement that redesigned New England's electricity capacity market. Although we rejected
most of petitioners' challenges, we granted their petition regarding the argument that the settlement agreement's Mobile- Sierra provision - which requires FERC to adjudicate challenges to rates resulting from an auction procedure arising out of the settlement agreement under the Mobile-Sierra public interest standard - deprived non-settling parties of their rights under the Federal Power Act to challenge rates under the statute's presumably more searching "just and reasonable" standard."
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.