DC Circuit Remands Mobile-Sierra Case Back to FERC


The U.S. Court of Appeals for the District of Columbia Circuit recently remanded Maine Public Utilities Commission v. FERC to the Federal Energy Regulation Commission. FERC must now explain why the Mobile-Sierra doctrine applies to auction rates.

On November 5, 2010, the U.S. Court of Appeals for the District of Columbia Circuit (DC Circuit) remanded a case concerning the Mobile-Sierra doctrine back to the Federal Energy Regulatory Commission (FERC). The case, Maine Public Utilities Commission v. FERC, involves the issue of whether the Mobile-Sierra doctrine applies to the auction rates resulting from a settlement agreement involving the New England capacity market. This proceeding was previously remanded to the DC Circuit by the Supreme Court of the United States in January.

The DC Circuit case arises out of a line of judicial decisions surrounding the Mobile-Sierra doctrine, which presumes that freely negotiated wholesale contract rates are just and reasonable. In 2008 the Supreme Court decided Morgan Stanley Capital Group, Inc. v. Public Utility District No. 1 of Snohomish County, Washington, holding that FERC must apply the Mobile-Sierra doctrine to all negotiated wholesale power contracts unless it determines the contract harms the public interest.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© McDermott Will & Emery | Attorney Advertising

Written by:


McDermott Will & Emery on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.