Louisiana Public Service Commission v. FERC, No. 16-1382 (D.C. Cir. 2018)Annotate this Case
In 2004, the Commission found that certain of Entergy's rates were unjust and unreasonable. On a challenge by the LPSC, the DC Circuit remanded the case to the Commission because it had adequately failed to explain its reasoning in departing from its general policy of ordering refunds when consumers have paid unjust and unreasonable rates. The Commission, on remand, clarified that it actually has no general policy of ordering refunds in cases of rate design. After the Commission's correction of its characterization of its own precedent, the court found that the Commission's denial of refunds accords with its usual practice in cost allocation cases such as this one. The court also found that the Commission adequately explained its conclusion that it would be inequitable to award refunds in this case. Therefore, because the Commission did not abuse its discretion, the court denied the petition for review.