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At issue was the Indiana Utility Regulatory Commission’s preapproval of approximately $20 million in infrastructure investments, for which the Commission authorized increases to NIPSCO Industrial Group’s natural-gas rates under the mechanism implemented by the so-called “TDSIC” statute. Under the TDSIC statute, a utility can seek regulatory approval of a seven-year plan that designates eligible improvements followed by periodic petitions to adjust rates automatically as approved investments are completed. Some of the largest customers of NIPSCO, an energy utility with more than 800,000 customers in northern Indiana, opposed NIPSCO’s entitlement to favorable rate treatment under the TDSIC statute on the grounds that the disputed projects did not comply with the statute’s requirements. The Commission approved various categories of improvements but did not designate those improvements with specificity. The Supreme Court reversed the Commission’s order in part, holding (1) the TDSIC statute permits periodic rate increases only for specific projects a utility designates, and the Commission approves, at the outset in a utility’s seven-year-plan and not in later proceedings involving periodic updates; and (2) the Commission’s approval of “broad categories of unspecific projects defeats the purpose of having a ‘plan.’” View "NIPSCO Industrial Group v. Northern Public Service Co." on Justia Law

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Amy Cazier and four other consumers of retail electrical service brought this putative class action against Georgia Power Company, asserting that Georgia Power for several years has collected municipal franchise fees from customers in amounts exceeding those approved by the Public Service Commission, and sought to recover the excess fees for themselves and a class of Georgia Power customers. The Court of Appeals held that the plaintiffs were not required to exhaust administrative remedies before bringing their putative class action. The Georgia Supreme Court found no reversible error in the appellate court's judgment and affirmed. View "Georgia Power Company v. Cazier" on Justia Law

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After Old Dominion found that its operational costs during the January 2014 polar vortex outstripped the amounts it could charge for electricity under the governing tariff, it asked the Commission to waive provisions of the governing tariff retroactively so that it could recover its costs. The DC Circuit denied Old Dominion's petition for review of the Commission's denial of Old Dominion's request based on the ground that such retroactive charges would violate the filed rate doctrine and the rule against retroactive ratemaking. In this case, the court afforded the Commission's interpretation of the filed tariff and the PJM Operating Agreement substantial deference where there was no dispute that the PJM Tariff's filed rate did not allow the cost recovery that Old Dominion sought. The court also denied the motion of Independent Market Monitor to intervene, but accorded it amicus curiae status. View "Old Dominion Electric Cooperative v. FERC" on Justia Law

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The DC Circuit denied Duke's petition for review of the Commission's denial of Duke's complaint against PJM under the Federal Power Act (FPA), 16 U.S.C. 825e. To prepare for a bitterly cold day during the January 2014 polar vortex, Duke purchased expensive natural gas which it ended up not needing. Duke then claimed that PJM, its regional transmission organization, directed it to purchase the gas and that the governing tariff provided for indemnification. The court held that the Commission's finding that PJM never directed Duke to buy gas was supported by substantial evidence on the record. Therefore, the court had no need to address Duke's remaining argument that, had such a directive been issued, the tariff would have authorized indemnification. View "Duke Energy Corp. v. FERC" on Justia Law

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The DC Circuit denied the Arkansas Commission's petition for review of a final FERC order. The FERC order held that an operating company withdrawing from a multi-state energy system must continue to share the proceeds of a pre-departure settlement with the other member companies. The court held that FERC had a lawful basis to order the sharing of the benefits of the settlement and was reasoned in its allocation methodology. Therefore, FERC's order for Entergy Arkansas to share the Union Pacific Settlement benefits and its method for allocating the settlement was not arbitrary, capricious, or contrary to law. View "Arkansas Public Service Comm. v. FERC" on Justia Law

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In July 2014, Allen‐Gregory filed a putative class action alleging that Fortville violated class members’ due process rights by terminating their water service without a hearing. Fortville revised its procedures, instituting a hearing process effective November 2014. In December 2014, the plaintiffs again sought a preliminary injunction, alleging that the new procedures did not comport with due process. The parties agreed to a settlement. In September 2015, the court approved the settlement and dismissed the case with prejudice. The settlement stated that its purpose was to “fully, finally, and forever resolve, discharge and settle all claims released herein on behalf of the named plaintiffs and the entire class.” It defined the class as “[a]ll customers of the Town of Fortville ... from July 9, 2012 through October 31, 2014 who had their water service terminated and who paid a reconnection fee,” and included an expansive, global release of all claims. Kilburn‐Winnie, a member of the class, received settlement proceeds. In November 2015, Kilburn‐Winnie filed this case alleging that Fortville disconnected her water service again for failure to timely pay her water bill in March and April of 2015 and that the hearing procedures implemented in November 2014 were so complicated and burdensome that they violated her procedural due process rights. The court granted Fortville summary judgment. The Seventh Circuit affirmed; res judicata barred the claim because the parties settled a prior class action that involved the same claim. View "Kilburn-Winnie v. Town of Fortville" on Justia Law

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The Florida Public Service Commission applied the correct standard of review in its final order approving a nonunanimous settlement agreement between certain parties relating to the rates or service of a public utility providing electric service. Further, competent, substantial evidence supported the Commission’s decision. At issue was whether the Commission properly applied its public interest standard in considering and approving the settlement. The Supreme Court held (1) the public interest was the appropriate standard to apply, and there was no need for the Commission to make an express individual prudence determination; (2) the final order adequately explained the Commission’s decision; and (3) the Commission’s finding that the settlement agreement was in the public interest was supported by competent, substantial evidence. View "Sierra Club v. Brown" on Justia Law

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Plaintiffs filed suit for damages resulting from defendants' manipulation of natural gas trading at four regional hubs in the western part of the United States. The Second Circuit held that plaintiffs had Article III standing, but they failed to plausibly allege injury under any of their claims. In this case, plaintiffs failed to state a claim under the Commodities Exchange Act (CEA) because it was not plausible on the record that they were injured by the manipulations West Desk perpetrated. For similar reasons, plaintiffs failed to establish antitrust standing. Accordingly, the court modified the order and judgment to remove the dismissal for lack of standing and affirmed the judgment as modified. View "Harry v. Total Gas & Power North America, Inc." on Justia Law

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Plaintiffs filed suit for damages resulting from defendants' manipulation of natural gas trading at four regional hubs in the western part of the United States. The Second Circuit held that plaintiffs had Article III standing, but they failed to plausibly allege injury under any of their claims. In this case, plaintiffs failed to state a claim under the Commodities Exchange Act (CEA) because it was not plausible on the record that they were injured by the manipulations West Desk perpetrated. For similar reasons, plaintiffs failed to establish antitrust standing. Accordingly, the court modified the order and judgment to remove the dismissal for lack of standing and affirmed the judgment as modified. View "Harry v. Total Gas & Power North America, Inc." on Justia Law

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At issue in this appeal was whether a certain Public Utility Commission of Texas (PUCT) order conflicted with a prior Federal Energy Regulatory Commission (FERC) order. The Fifth Circuit reversed the district court's order and rendered judgment in favor of PUCT and TIEC, holding that PUCT's order was not in conflict with any FERC order. The court held that FERC's orders requiring the Entergy compliance filing did not call for a retroactive reallocation of 2007 Bandwidth Payments; Entergy's compliance filing did not contain a retroactive reallocation that FERC approved in the 2015 FERC Order; the 2015 FERC Order did not retroactively reallocate 2007 Bandwidth Payments; and PUCT's Order was consistent with the 2015 FERC Order. View "Entergy Texas, Inc. v. Nelson" on Justia Law