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Ninth Circuit Decision Sides with FERC on Market-Based Rates

The petitions of the National Rural Electric Cooperative Association (NRECA) and others were rejected by the U.S. Court of Appeals for the Ninth Circuit, which found that Federal Energy Regulatory Commission's (FERC) market-based rates policy for wholesa
November 8, 2011

The petitions of the National Rural Electric Cooperative Association (NRECA) and others were rejected by the U.S. Court of Appeals for the Ninth Circuit, which found that Federal Energy Regulatory Commission's (FERC) market-based rates policy for wholesale power markets is in keeping under the agency's governing statutes.  The policy of screening for market power before authorizing market-based rates, and continually monitoring sellers for market power, set out in FERC's Order No. 697, does not exceed the agency's authority under the Federal Power Act according to the Ninth Circuit.  To learn more, including about the NRECA’s participation, read the full article.

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