Thursday, December 21, 2006

Ninth Circuit Overrules FERC
In upholding future wholesale energy contracts negotiated during the California Electricity Crisis, the Federal Energy Regulatory Commission incorrectly relied on a “public interest” standard of review, the Ninth U.S. Circuit Court of Appeals ruled yesterday.

The panel, in a consolidated appeal of FERC rulings, remanded actions by various retail power companies and state agencies to the commission, directing that it make a new determination as to the validity of the challenged contracts.