Maine Pub. Util. Comm'n v. FERC, No. 06-1403
Petition for Review of FERC Order
Maine Pub. Util. Comm'n v. FERC, No. 06-1403, involved a petition for review of the Federal Energy Regulatory Commission's (FERC) approval of a settlement agreement that redesigned New England's electricity capacity market. The court granted the petition where the FERC failed to address two issues concerning the application of the Mobile-Sierra doctrine.
As the court wrote: "These consolidated petitions for review are before us once again. The Maine Public Utilities Commission and the Attorneys General of Connecticut and Massachusetts, representing energy customers, challenged FERC's approval of a settlement agreement that redesigned New England's electricity capacity market. Although we rejected
most of petitioners' challenges, we granted their petition regarding the argument that the settlement agreement's Mobile- Sierra provision - which requires FERC to adjudicate challenges to rates resulting from an auction procedure arising out of the settlement agreement under the Mobile-Sierra public interest standard - deprived non-settling parties of their rights under the Federal Power Act to challenge rates under the statute's presumably more searching "just and reasonable" standard."