Legal Opinion

Connecticut Department of Public Utility Control v. Federal Energy Regulatory Commission

Court of Appeals for the D.C. Circuit

Decided June 23, 2009No. 07-1375, 07-1460, 08-1175PublishedCited by 33 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

Today we address a question we have twice deferred: whether the Federal Energy Regulatory Commission has jurisdiction to review something called the Installed Capacity Requirement (ICR), a key input into the market-based mechanism that determines transmission tariffs and end-user costs in the New England bulk power system. The question is presented here by the Connecticut Department of Public Utility Control and allied intervenors, all petitioning for review of various instances where the Commission has approved or…

2Cases cited5 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Gainesville Utilities Department v. Florida Power Corp.Supreme Court of the United States · 1971
  3. Municipalities of Groton v. Federal Energy Regulatory Commission, Nepool Executive Committee, Intervenor. Nepool Executive Committee v. Federal Energy Regulatory Commission, Municipalities of Groton, IntervenorCourt of Appeals for the D.C. Circuit · 1978
  4. Mississippi Industries v. Federal Energy Regulatory CommissionCourt of Appeals for the D.C. Circuit · 1987
  5. Connecticut Department of Public Utility Control v. Federal Energy Regulatory CommissionCourt of Appeals for the D.C. Circuit · 2007

3Cited by33 opinions

  1. Coal. for Competitive Elec., Dynergy Inc. v. ZibelmanCourt of Appeals for the Second Circuit · 2018
  2. South Carolina Public Service Authority v. Federal Energy Regulatory CommissionCourt of Appeals for the D.C. Circuit · 2014
  3. Delaware Department of Natural Resources & Environmental Control v. Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 2015
  4. PSEG Energy Resources & Trade LLC v. Federal Energy Regulatory CommissionCourt of Appeals for the D.C. Circuit · 2011
  5. New Jersey Board of Public Utilities v. Federal Energy Regulatory CommissionCourt of Appeals for the Third Circuit · 2014

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