New Court Decision Opens Door to Broader Assertion of Jurisdiction by FERC over Governmental Entities

The U.S. Court of Appeals for the D.C. Circuit issued a decision recently finding that the Federal Energy Regulatory Commission (“FERC”) had authority to order the Bonneville Power Administration (“BPA”) to pay money to a public utility.  This holding is significant because BPA is a governmental entity exempt from FERC’s…

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The D.C. Circuit Rejects FERC’s Geographical Limitation of Municipal Preference in Hydro Licensing Proceedings

On November 20, 2015 the U.S. Court of Appeals for the District of Columbia Circuit (“D.C. Circuit” or “Court”) issued a decision in Western Minnesota Municipal Power Agency v. FERC rejecting the Federal Energy Regulatory Commission’s (“FERC” or “Commission”) interpretation limiting the municipal preference for preliminary hydropower permits under Section 7(a) of the Federal Power Act (“FPA”), 16 U.S.C. § 800(a) (2013).

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D.C. Circuit Decision Brings Uncertainty to CHP Participation in Demand Response Markets

On May 23, 2014, the United States Court of Appeals for the District of Columbia Circuit issued a decision with important implications for the owners of resources used to control the amount of demand a retail electric customer places on the power system − so-called “demand response” (DR) resources −…

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