Louisiana Public Service Commission v. Federal Energy Regulatory Commission, No. 20-1104 (D.C. Cir. 2021)
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The DC Circuit denied a petition for review challenging FERC's two orders regarding a utility company, Entergy Services, and a subset of sales at issue called the Grand Gulf Sales. The Louisiana Commission alleges that FERC's exclusion of the Grand Gulf Sales from the damage calculation was an irrational change of position. The court found no merit in this contention, explaining that the allegations regarding the Grand Gulf Sales do not concern Section 30.03 of the System Agreement because those sales were always treated as Joint Account Sales and therefore never treated as part of Entergy Arkansas's native load.
The Louisiana Commission also alleged that the Grand Gulf Sales—despite being accounted for as Joint Account Sales—still violated the System Agreement. The court concluded that FERC reasonably concluded that the two complaints at issue alleged different violations of the System Agreement and therefore that the 2009 Complaint did not preserve the allegations in the 2019 Complaint for purposes of the 2015 Settlement Agreement waiver provisions. In this case, neither Section G(1) or G(2) saves the allegations in the 2019 Complaint from being barred by the 2015 Settlement Agreement. Finally, even if the Louisiana Commission's mutual mistake argument was not waived, FERC reasonably determined on the merits that the Louisiana Commission presented no evidence that any initial shared impression about the Grand Gulf Sales was a material fact that formed the basis of the 2015 Settlement Agreement.
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