ESI Energy, LLC v. FERC

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At issue in this case are the ramifications of a utility filing more than one rate with FERC during the time in which the utility negotiates an agreement with a prospective customer. The DC Circuit denied the petition for review and upheld FERC's determination that the governing rate was the rate in effect at the time the agreement was completed. Because the court found that FERC properly considered the court's findings on remand, adequately explained its decision, and properly considered the evidence, FERC did not act arbitrarily and capriciously in interpreting the new rate. View "ESI Energy, LLC v. FERC" on Justia Law