Alaska Energy Authority v. Federal Energy Regulatory Commission

Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

This case concerns the meaning of the statutory phrase “without profit” in section 10(e) of the Federal Power Act, which provides an exemption from the payment of annual license fees by publicly-owned utilities “to the extent such power is sold to the public without profit.” 16 U.S.C. § 803(e). The Alaska Energy Authority (AEA) challenges FERC’s implementing regulations as contrary to congressional intent, and alternatively argues that AEA is entitled to an exemption even under the regulation’s narrow definition…