La. Pub. Serv. Comm'n v. Fed. Energy Regulatory Comm'n

Williams, Senior Circuit Judge:

After finding a rate unjust and unreasonable under § 206 of the Federal Power Act, 16 U.S.C. § 824e, the Federal Energy Regulatory Commission sets a new just and reasonable rate to take effect for the future. In addition, the Commission "may order" refunds for a portion of the period in which the unreasonable rate was in effect. Id . § 824e(b). Here the Commission found in 2004 that certain of Entergy Corporation's rates were unjust and unreasonable. Opinion No. 468 , 106 FERC ¶ 61,228 , PP 60-77 (2004). After a good deal of vacillation, it refused to require…