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TNA Merchant Projs., Inc. v. FERC, No. 08-1201

By FindLaw Staff on August 11, 2010 11:36 AM

TNA Merchant Projs., Inc. v. FERC, No. 08-1201, involved petitions for review of two orders of the Federal Energy Regulatory Commission (FERC), holding that the rate schedule petitioner proposed for supplying reactive power to the Bonneville Power Administration (BPA) constituted a "changed rate" that was subject to the suspension and refund provisions of section 205(e) of the Federal Power Act (FPA), 16 U.S.C. section 824d(e).  The court granted the petitions on the ground that the Commission failed to respond to petitioner's argument that its rate could not be classified as "changed" since it was not previously filed.

As the court wrote:  "Chehalis Power Generating, L.L.C., petitions for review of two orders of the Federal Energy Regulatory Commission (FERC).  The orders held that the rate schedule Chehalis proposed for supplying reactive power to the Bonneville Power Administration (BPA) constituted a "changed rate" that was subject to the suspension and refund provisions of § 205(e) of the Federal Power Act (FPA), 16 U.S.C. § 824d(e). Chehalis contends that its proposal was for an "initial rate," not a "changed rate," and hence was not subject to suspension or refund. Because the Commission failed to respond to Chehalis' argument that its rate cannot be classified as "changed" since it was not previously filed, we vacate the Commission's orders and remand the case."

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