D.C. Circuit Court of Appeals

The White House / FTC
Supreme Court Justices Seem Skeptical on Agency Independence
Supreme Court justices appeared ready to overturn a 90-year precedent that has limited presidents' authority to fire members of independent regulatory agencies like FERC.
Invenergy
Enviros Challenge MISO, SPP Queue Express Lanes
Environmental groups are further pressing their opposition to MISO's and SPP’s fast-track studies for primarily fossil fuel projects, challenging both at the D.C. Circuit in a pair of lawsuits.
Duke Energy Renewables
SPP’s ELCC Methodology Contested at Appeals Court
The Sierra Club and Natural Resources Defense Council filed a petition with an appeals court to toss two recent FERC orders that granted SPP’s request to modify provisions for clean energy resources’ capacity accreditation.
Shutterstock
Split Panel on the D.C. Circuit Upholds DOE’s Furnace Efficiency Rule
The D.C. Circuit Court of Appeals upheld the Department of Energy’s efficiency standard for natural gas furnaces and water heaters against appeals from gas trade associations.
TVA
D.C. Circuit Upholds FERC Approval of TVA’s Cumberland Switch to Gas
The Tennessee Valley Authority is closing in on a gas-for-coal swap at its Cumberland plant after the D.C. Circuit Court of Appeals rejected environmental groups’ arguments against FERC’s environmental review.
Mid-America Carpenters Regional Council
D.C. Circuit Vacates FERC Cancellation of Reactive Power Compensation in MISO
The D.C. Circuit Court of Appeals vacated a FERC order allowing MISO to end reactive power compensation, though the decision has no bearing on the nationwide discontinuation of payments for reactive power in Order 904.
EMC Engineering Services
D.C. Circuit Upholds FERC PURPA Decision Without Chevron Deference
The D.C. Circuit Court of Appeals upheld an earlier decision that sided with FERC on a PURPA case without using Chevron deference, agreeing with the commission's statutory interpretation.
LG&E
D.C. Circuit Remands LG&E-KU De-pancaking Requirement to FERC
The D.C. Circuit remanded to FERC an order rejecting a mitigation plan LG&E and KU Energy filed to replace its longstanding obligation to de-pancake rates for wholesale customers.
City of Nixa
D.C. Circuit Declines Review of SPP Cost Allocation
The D.C. Circuit denied a review of a FERC decision that allowed SPP to incorporate transmission facilities into one of its pricing zones, spreading the costs to the zone’s customer base.
EDP Renewables
Court Says Mich. TO Cannot be Sole Owner of Upgrades on Shared Line
A yearslong dispute over who gets to own a 345-kV network upgrade in Michigan had the D.C. Circuit Court of Appeals meditating on the definitions of “system” versus “facility.”

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