Xcel Energy Services Inc. v. Federal Energy Regulatory Commission

Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

WILLIAMS, Senior Circuit Judge:

Section 205 of the Federal Power Act, 16 U.S.C. § 824d, and FERC regulations, 18 C.F.R. § 35.3, require that utilities provide 60 days prior notice to the Federal Regulatory Energy Commission before a rate takes effect. FERC may waive that requirement, however, “for good cause shown.” Id. at § 35.11. Xcel Energy Services, Inc. challenges FERC’s decision not to waive the prior notice requirement for four interconnection agreements that Xcel filed more than four years after the effective date chosen by…