New York Regional Interconnect, Inc. v. Federal Energy Regulatory Commission
394 U.S. App. D.C. 254
| D.C. Cir. | 2011Background
- NYRI petitions for review of three FERC orders adopting a new NYISO transmission planning process.
- FERC orders implemented Order Nos. 888 and 890 reforms to reduce unduly discriminatory planning and cost allocation.
- NYISO proposes an enhanced economic planning process with cost allocation via the OATT.
- Only projects with production cost benefit and supermajority beneficiary approval qualify for cost allocation.
- NYRI withdrew its prior NY PSC transmission project application; no active project or application affects NYRI.
- Court dismisses NYRI’s petition for lack of standing under Article III.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether NYRI has standing to sue. | NYRI has a protected interest in impartial review. | NYRI lacks actual or imminent injury and has no concrete stake. | NYRI lacks constitutional standing; petition dismissed. |
| Whether NYRI has prudential standing under the FPA. | NYRI has injury within the zone of interests. | Injury is speculative and not within zone. | No prudential standing; insufficient injury-in-fact. |
| Whether NYRI has procedural-rights standing. | Procedural breach harmed NYRI's interests. | Procedural omissions alone do not confer standing. | Procedural failure does not establish standing. |
Key Cases Cited
- Lujan v. Defenders of Wildlife, 504 U.S. 555 (U.S. 1992) (constitutional standing elements; injury-in-fact required)
- Exxon Mobil Corp. v. FERC, 571 F.3d 1208 (D.C. Cir. 2009) (aggrievement requires concrete and particularized injury fairly traceable to agency action)
- Hydro Investors, Inc. v. FERC, 351 F.3d 1192 (D.C. Cir. 2003) (standing for aggrieved party under FPA analyzed; injury in fact required)
- City of Orrville, Ohio v. FERC, 147 F.3d 979 (D.C. Cir. 1998) (standing requires direct stake beyond mere participation in proceedings)
- Ctr. for Biological Diversity v. U.S. Dep't of Interior, 563 F.3d 466 (D.C. Cir. 2009) (procedural-rights standing require showing likely injury to protected interests)