NEW ENGLAND POWER GENERATORS ASS'N v. F.E.R.C.

Nos. 11-1422, 11-1465.

707 F.3d 364 (2013)

NEW ENGLAND POWER GENERATORS ASSOCIATION, INC., Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. George Jepsen, Attorney General for the State of Connecticut, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided February 15, 2013.


Attorney(s) appearing for the Case

John Lee Shepherd argued the cause for petitioner New England Power Generators Association, Inc. With him on the briefs was John N. Estes III.   Paul F. Wight entered an appearance.

John S. Wright , Assistant Attorney General, Office of the Attorney General for the State of Connecticut, argued the cause for State Petitioners. With him on the briefs were Michael C. Wertheimer , Assistant Attorney General, Jesse S. Reyes , Assistant Attorney General, Office of the Attorney General for the Commonwealth of Massachusetts, and Lisa Fink.

Robert H. Solomon , Solicitor, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief was Lona T. Perry , Senior Attorney.

Before: TATEL, BROWN, and GRIFFITH, Circuit Judges.


BROWN, Circuit Judge:

The Federal Energy Regulatory Commission must ensure the rates charged for electric generation capacity are "just and reasonable." Federal Power Act (FPA) § 205(a), 16 U.S.C. § 824d(a). Until recently, only two types of rates were involved: tariff rates and contract rates. FERC's review of tariff rates is subject to considerable discretion. On the other hand, unless a contract rate is contrary...

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