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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