Old Dominion Electric Coop. v. FERC, No. 17-1040 (D.C. Cir. 2018)Annotate this Case
The DC Circuit held that FERC did not adequately justify its approval of the tariff amendment at issue here, which prohibited cost sharing for a category of high-voltage projects conceded to have significant regional benefits, and which did so only because those projects reflected the planning criteria of individual utilities. The court granted the petitions for review, holding that the Commission acted arbitrarily and capriciously in approving the tariff amendment and applying it to the Elmont-Cunningham and Cunningham-Dooms projects. The court set aside the orders under review to the extent that they approved the amendment and applied it to the two projects, and remand for further proceedings
The court issued a subsequent related opinion or order on October 16, 2018.