Legal Opinion
New England Power Generators Ass'n v. Federal Energy Regulatory Commission
Court of Appeals for the D.C. Circuit
Decided February 15, 2013No. 11-1422, 11-1465PublishedCited by 30 opinions
1Opinion of the Court
BROWN, Circuit Judge:
The Federal Energy Regulatory Commission must ensure the rates charged for electric generation capacity are “just and reasonable.” Federal Power Act (FPA) § 205(a), 16 U.S.C. § 824d(a). Until recently, only two types of rates were involved: tariff rates and contract rates. FERC’s review of tariff rates is subject to considerable discretion. On the other hand, unless a contract rate is contrary to the public interest, FERC must presume it to be just and reasonable under the Mobile-Sierra doctrine, a principle that began with two eponymous Supreme Court precedents: United…
2Cases cited13 opinions
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1943
- Sierra Club v. Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 2002
- United Gas Pipe Line Co. v. Mobile Gas Service Corp.Supreme Court of the United States · 1956
8 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- In Re Rail Freight Fuel Surcharge Antitrust LitigationCourt of Appeals for the D.C. Circuit · 2013
- United States v. Ali AliCourt of Appeals for the D.C. Circuit · 2013
- Delaware Department of Natural Resources & Environmental Control v. Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 2015
- National Ass'n of Clean Water Agencies v. Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 2013
- Hemp Industries Association v. DEACourt of Appeals for the D.C. Circuit · 2022
25 more not listed; retrieve them via the Exa API.