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· 6/23/2009

Connecticut Department of Public Utility Control v. Federal Energy Regulatory Commission

Citations

  • 569 F.3d 477
  • 386 U.S. App. D.C. 320
  • 2009 U.S. App. LEXIS 13349
  • 2009 WL 1754607

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that FERC’s approval of an Installed Capacity Requirement was not “direct regulation” of electrical generation facilities and, thus, did not violate section 201 (emphasis added)
  • holding that FERC’s approval of an Installed Capacity Requirement was not “direct regulation” of electrical generation facilities and, thus, did not violate section 201 (emphasis added)
  • finding FERC could regulate the installed capacity market under its affecting jurisdiction because FERC did not engage in direct regulation of an area subject to exclusive state control
  • finding FERC could regulate the installed capacity market under its affecting jurisdiction because FERC did not engage in direct regulation of an area subject to exclusive state control
  • “Where capacity decisions about an interconnected bulk power system affect FERC-jurisdictional transmission rates for that system without directly implicating generation facilities, they come within the Commission’s author ity.”
  • “Section 201 prohibits the Commission from regulating generation facilities but says nothing about its power to review the capacity requirements that an [ISO] imposes on member [utilities].”

Source: CourtListener parenthetical corpus (CC0).

Judges: Tatel, Garland, Griffith

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.