Boston Edison Co. v. Federal Energy Regulatory Commission

I write separately to express my disagreement with the majority opinions analysis of the effect the termination agreements between Boston Edison and Montaup have on refunds ordered by FERC.

I

The majority opinion states, “the refunds awarded to the buyers by FERC are not rights under the agreement at all; indeed, if the agreements were respected, there would be no refunds. It is only because FERC has overridden the agreements and awarded refunds under the statute that refund claims might exist.” [Majority Opinion at 70] However, it is equally clear that without the original contractual…