New York v. Federal Energy Regulatory Commission

Judge JACOBS concurs in the judgment in a separate opinion.

REENA RAGGI, Circuit Judge:

The State of New York and the Public Service Commission of the State of New York (collectively, “New York”) petition this court for review of two final orders of the Federal Energy Regulatory Commission (“FERC”), insofar as the orders adopt standards and procedures for determining which power distribution facilities are subject to the agency’s regulatory jurisdiction and which facilities fall within the statutory exception for local distribution of electric energy. See Revisions to Electric Reliability…