South Dakota Public Utilities Commission v. Federal Energy Regulatory Commission

I respectfully dissent for the reasons stated in the majority panel opinion which I authored. See South Dakota Public Utilities Commission v. Federal Energy Regulatory Commission, 643 F.2d 504 (8th Cir.), rev’d en banc, 668 F.2d 333 (8th Cir. 1981). 1981).

The role of a court reviewing a decision by the FERC is limited to determining whether the FERC has given reasoned consideration to each of the pertinent factors. See South Dakota Public Utilities Commission v. Federal Energy Regulatory Commission, supra, 643 F.2d at 509.

It is my view that the Commission has given “reasoned consideration” to…