News & Analysis as of

Refunds Federal Energy Regulatory Commission

Akin Gump Strauss Hauer & Feld LLP

DC Circuit Vacates FERC Refund Orders for Certain WECC ‘Soft Cap’ Sales on Mobile-Sierra Grounds

On July 9, 2024, the U.S. Court of the Appeals for the D.C. Circuit held that the Federal Energy Regulatory Commission (FERC or the Commission) erred in ordering refunds for certain bilateral spot market transactions in the...more

Troutman Pepper

Court Vacates FERC “Soft” Cap Refund Order Issued After 2020 California Heat Wave

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On July 9, 2024, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) vacated orders issued by the FERC that required six wholesale power sellers (the “Sellers”) to issue refunds to...more

Troutman Pepper

Senate introduces bipartisan legislation to give FERC retroactive refund authority under section 5 of the Natural Gas Act.

Troutman Pepper on

On April 18, 2024, Senators Richard Blumenthal (D-CT) and Cindy Hyde-Smith (R-MS) introduced the Making Pipelines Accountable to Consumers and Taxpayers Act (“MPACT Act”) (S. 4171) that, if adopted, would grant FERC authority...more

Cozen O'Connor

Airline Passengers’ Rights | Fake COVID-19 Cures | Unlicensed Debt Collection Agency Sued

Cozen O'Connor on

COVID-19- NAAG: Airline Industry Customers Deserve Stronger Consumer Protections- •The National Association of Attorneys General (“NAAG”) sent a letter to congressional leaders urging Congress to strengthen consumer...more

Moore & Van Allen PLLC

FERC Underestimates its Authority: Recoupment vs. Refund of Unjust & Unreasonable Rates

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The Federal Energy Regulatory Commission (FERC) has the authority to order a public utility to refund to its customers rates that FERC determines to be unjust and unreasonable. But what if FERC later determines that the...more

Akin Gump Strauss Hauer & Feld LLP

D.C. Circuit Concludes Again That FERC Has the Authority to Correct Its Own Errors

On May 19, 2017, the U.S. Court of Appeals for the D.C. Circuit issued a decision in TNA Merchant Projects, Inc. v. Federal Energy Regulatory Commission (FERC or the “Commission”),1 holding that FERC has the authority to...more

Akin Gump Strauss Hauer & Feld LLP

9th Circuit Remands Two California Energy Crisis-Related Settlements for Reconsideration by FERC

On September 4, 2015, the U.S. Court of Appeals for the 9th Circuit issued an opinion remanding a series of Federal Energy Regulatory Commission (FERC) orders approving, with modifications, two settlements related to...more

Akin Gump Strauss Hauer & Feld LLP

The D.C. Circuit Remands FERC Order Denying Refunds for Changes to Cost Allocation

On December 5, 2014, the United States Court of Appeals for the D.C. Circuit remanded an order of the Federal Energy Regulatory Commission (FERC) denying refunds to certain Louisiana-based utility companies for rates that...more

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