ELR Citation: 48 ELR 20136
No(s). 17-1110 (D.C. Cir. Jul 31, 2018)

The D.C. Circuit denied power companies' petitions to review FERC orders approving an exemption to the minimum offer price rule in the New England forward capacity market for a limited amount of qualifying renewable energy. The companies argued that the exemption for renewables created unjust, unreasonable, and unduly discriminatory rates in violation of the Federal Power Act and the APA. But the court disagreed, concluding that the Commission engaged in reasoned decisionmaking to find that the renewable exemption to the minimum offer price rule results in a just and reasonable rate. The companies further argued that the Commission erred by not setting a hearing on disputed facts. But the court concluded that the Commission did not abuse its discretion by denying the companies' request for a hearing. The court therefore denied the companies' petitions for review.