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American Forest & Paper Ass'n v. Federal Energy Regulatory Comm'n

ELR Citation: 38 ELR 20308
Nos. No. 07-1328, (D.C. Cir., 12/23/2008)

The D.C. Circuit denied a petition to review the Federal Energy Regulatory Commission's (FERC's) interpretation of the term "markets" as used in an amendment to the Public Utility Regulatory Policies Act that created exceptions to a utility's mandatory purchase obligation to buy energy from qualifying facilities. Petitioners argued that the term must always denote a competitive market. But FERC's interpretation of markets to encompass both competitive and non-competitive markets was reasonable.