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Federal Power Act (FPA)

National Ass'n of Regulatory Utility Commissioners v. Federal Energy Regulatory Commission

The D.C. Circuit denied petitions to review FERC's order prohibiting states from barring electric storage resources (ESRs) on their distribution and retail systems from participating in federal markets. Utility groups argued that FERC...

Nebraska Public Power District v. Federal Energy Regulatory Commission

The Eighth Circuit upheld FERC's decision to place a Colorado energy wholesaler into Zone 17 of a regional transmission organization authorized by the Commission to provide electric transmission services across a multistate region. A...

NextEra Energy Resources, LLC v. Federal Energy Regulatory Commission

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...

Utility Workers Union of America Local 464 & Robert Clark v. Federal Energy Regulatory Commission

The D.C. Circuit dismissed electricity customers' petitions to review FERC's orders approving high clearing prices for future capacity to generate electricity in wholesale auctions. The customers argued that FERC's determination...

American Rivers v. Federal Energy Regulatory Commission

The D.C. Circuit vacated a license renewal that FERC granted for a power plant on the Coosa River. Environmental groups argued that the agency violated the Federal Power Act, NEPA, and the ESA when it issued the power company's license...

Public Citizen v. Federal Energy Regulatory Commission

The D.C. Circuit dismissed Connecticut's and a citizen group's lawsuit against FERC in which they alleged that the agency failed to ensure that the 2014 wholesale electricity capacity rates in New England were just and reasonable. Due...

Hughes v. Talen Energy Marketing LLC

The U.S. Supreme Court held that the Federal Power Act (FPA) preempts a Maryland program intended to encourage in-state power generation. Maryland selected, through a proposal process, a power generation development company to construct...

Federal Energy Regulatory Commission v. Electric Power Supply Ass'n

The U.S. Supreme Court upheld FERC's "demand-response" rule under which operators of wholesale electricity markets, in specified circumstances, must pay the same price to providers for conserving energy as to generators for producing it...

Western Minnesota Municipal Power Agency v. Federal Energy Regulatory Commission

The D.C. Circuit held that FERC violated the Federal Power Act (FPA) when it issued a preliminary permit for a hydroelectric project in Polk County, Iowa, to a private developer. The case involved FERC's interpretation of FPA §7(a),...

PPL EnergyPlus, LLC v. Solomon

The Third Circuit struck down New Jersey's Long Term Capacity Pilot Program Act, which was enacted in 2011 to encourage the construction of new power plants within the state. The program, known as "LCAPP", would add a cumulative 2,000...