Give One, Give All: D.C. Circuit Requires FERC to Treat Public Utilities Equally

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If an agency gives one utility a filing deadline break, it needs to be willing to give it to all similarly situated utilities, unless it can state a very good reason not to. That was the message the D.C. Circuit recently sent FERC in Westar Energy, Inc. v. FERC, __ F.3d ___ , 2007 U.S. App. LEXIS 844 (D.C. Cir., January 16, 2007). The Court’s opinion, while certainly not breaking new legal

ground, reaffirms the Court’s insistence that regulatory agencies like FERC apply the same rulebook

to all the players.

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