757 F.3d 283
D.C. Cir.2014Background
- 5-6 items, legally material facts only
- Cannot provide null fields here
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction to impose buyer-side mitigation under FPA | NSTAR/Public Systems: lacking FPA jurisdiction | FERC has jurisdiction over rates and mitigating capacity prices | FERC has jurisdiction over mitigation under FPA |
| Substantial evidence supporting buyer-side mitigation | Mitigation beyond necessary | Mitigation supported by substantial evidence | Mitigation supported by substantial evidence and reasonable |
| Categorical mitigation exemptions for self-supplied/state-sponsored resources | Exemptions should be allowed | No categorical exemptions; must mitigate | No categorical exemption; mitigate to prevent price distortion |
| Whether to extend buyer-side mitigation to Auctions 1–5 | Should apply beyond first three auctions | Not appropriate for Auctions 1–5 given notice and design | Declined to further mitigate Auctions 1–5 |
| Treatment of imports for mitigation (open-access, discrimination) | Imports should be treated differently | Imports treated like new internal resources where appropriate | FERC’s import-mitigation standard reasoned and supported |
Key Cases Cited
- Connecticut Dept. of Public Utility Control v. FERC, 569 F.3d 477 (D.C. Cir. 2009) (FERC may regulate capacity-related prices under FPA)
- Municipalities of Groton v. FERC, 587 F.2d 1296 (D.C. Cir. 1978) (FERC approval of capacity charges does not encroach on state jurisdiction)
- Sithe/Independence Power Partners v. FERC, 285 F.3d 1 (D.C. Cir. 2002) (ISO-NE pricing policies and market design guidance)
- OXY USA, Inc. v. FERC, 64 F.3d 679 (D.C. Cir. 1995) (Agency’s continuing obligation to ensure just and reasonable rates)
- N.Y. Indep. Sys. Operator, Inc., 124 FERC ¶ 61,301 (D.C. Cir. 2008) (Presents market power mitigation context for open-access markets)