Maine Public Utilities Commission v. Federal Energy Regulatory Commission

The consolidated petitions for review challenge FERC’s approval of a comprehensive settlement that redesigned New England’s capacity market. The Maine Public Utilities Commission and the Attorneys General of Connecticut and Massachusetts assert that FERC’s approval of the settlement was arbitrary and capricious, contrary to law, and beyond the Commission’s jurisdiction. We reject most of these arguments, but we agree with the petitioners that the Commission has unlawfully deprived non-settling parties of their rights under the Federal Power Act.

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In a “capacity” market — as opposed to a…