Justia Utilities Law Opinion Summaries

In this appeal, Appalachian Power Company (APCO) sought rate adjustment clause recovery of $33.3 million in environmental compliance costs that the State Corporation Commission denied. The Supreme Court reversed in part, affirmed in part, and remanded, holding (1) APCO was entitled to a rate adjustment clause for recovery of actual costs it directly incurred for environmental compliance in 2009 and 2010 but did not recover through its base rates, and the portion of the Commission's decision denying recovery of environmental compliance costs on the basis that those costs were connected with projects included in APCO's base rates which APCO had the opportunity to recover was reversed; and (2) the portion of the Commission's decision denying APCO recovery of environmental compliance costs alleged to be embedded in the capacity equalization charges APCO paid to its affiliates in 2009 and 2010 was affirmed. Remanded. View "Appalachian Power Co. v. State Corp. Comm'n" on Justia Law

These consolidated appeals arose from a final determination of the State Corporation Commission in a mandated biennial review of the rates, terms, and conditions for the provision of generation, distribution and transmission services of an electric utility. As pertinent here, commencing in 2011, the Virginia Electric Utility Regulation Act required the Commission to conduct biennial reviews of an electric utility's performance during the two successive twelve-month periods immediately prior to such reviews pursuant to Va. Code Ann. 56-585.1(A). At issue in this appeal was whether in the 2011 biennial review of the performance of Virginia Electric and Power Company in the 2009-2010 test period the Commission erred in determining that the utility's authorized fair rate of return on common equity of 10.9 percent would apply to the entire 2011-2012 test period in the next biennial review in 2013. The Supreme Court affirmed, holding that the Commission's construction of Code 56-585.1 was based upon the proper application of legal principles, and the Commission did not abuse the discretion afforded to it under that statute. View "Va. Elec. & Power Co. v. State Corp. Comm'n" on Justia Law

Petitioners, the Public Service Commission of West Virginia and the Wetzel County Solid Waste Authority, sought to compel Respondents, Lackawanna Transport Company and Solid Waste Services, Inc., to comply with an order entered by the Public Service Commission requiring them to produce certain information and financial records pertinent to an ongoing investigation concerning the Wetzel County Landfill. The Supreme Court granted the requested writ of mandamus, holding (1) a writ of mandamus is appropriate in this case, as Respondents were legally required to produce the requested information; and (2) while arguably there was another remedy available in this instance through the circuit court, that remedy was not adequate given the unique circumstances given here.View "State ex rel. Pub. Serv. Comm'n v. Lackawann Transp. Co." on Justia Law

County filed a claim for reimbursement with City, alleging that City had overcharged County for sewer and water services. Following consideration at a city council meeting, City denied County's claim. County subsequently sued City in district court. City moved for summary judgment, asserting that review of its decision was limited to certiorari review under Minn. Stat. 606 and that County's failure to bring a timely certiorari petition deprived the district court of subject matter jurisdiction. The district court denied the motion, and the court of appeals affirmed. The Supreme Court reversed, holding (1) City's decision to deny the refund was a quasi-judicial decision, and therefore, the exclusive method for reviewing City's decision was through a writ of certiorari under chapter 606; and (2) accordingly, the district court lacked subject matter jurisdiction to hear County's claim.View "County of Washington v. City of Oak Park Heights" on Justia Law

Kelly and Paul Rosberg challenged the results of elections for seats on the Public Service Commission (PSC). The Rosbergs lost in the primaries to Gerald Vap and Rod Johnson, respectively. After the general election, the Rosbergs filed suit in the district court, claiming that Vap and Johnson were ineligible for the seats because both Vap and Johnson were not "in good standing" with their professions and were therefore ineligible for the seats. The district court rejected the Rosbergs' claims and granted summary judgment to Vap and Johnson. The Supreme Court affirmed, holding that because the Legislature did not intend service on the PSC to be read as a profession for which one must be "in good standing according to the established standards of" that profession, the district court was correct in dismissing the Rosbergs' challenges.View "Rosberg v. Vap" on Justia Law

Ed Friedman and others (collectively, Friedman) appealed the Maine Public Utilities Commission's dismissal of their complaint against Central Maine Power Company (CMP) regarding CMP's use of smart-meter technology. Friedman also appealed the Commission's dismissal of those portions of the complaint that were directed at the Commission and raised constitutional concerns regarding orders previously issued by the Commission. Friedman asserted, among other issues, that the Commission erred because its dismissal of his complaint ignored the Commission's statutory mandate to ensure the delivery of safe and reasonable utility services. The Commission and CMP contended that the complaint was properly dismissed in all respects. Because the Supreme Court agreed with Friedman that the Commission should not have dismissed the portion of the complaint against CMP addressing health and safety issues, the Court vacated that portion of the judgment and otherwise affirmed.View "Friedman v. Public Utilities Comm'n" on Justia Law

At issue in this case was whether the Public Service Commission of Wisconsin (PSC) correctly concluded the Wisconsin Power and Light's (WPL) application to construct a large, out-of-state, electric generating facility was properly reviewed under Wis. Stat. 196.49(3), the certificate of authority (CA) statute, or whether Wis. Stat. 196.491(3), the certificate of public convenience and necessity (CPCN) statute, should have been applied. The Supreme Court affirmed the circuit court's order, which affirmed the PSC's interim order, holding that the PSC's interpretation of the CPCN law as applying exclusively to in-state facilities and its decision to analyze WPL's application under the CA law were reasonable, and there was not a more reasonable interpretation of the CA and CPCN laws.View "Wis. Indus. Energy Group v. Pub. Serv. Comm'n" on Justia Law

NextEra Energy Resources, LLC appealed the Iowa Utility Board's decision to grant advance ratemaking principles to MidAmerican Energy Company for a proposed wind generation facility. The district court affirmed the Board. The Supreme Court affirmed, holding (1) the Board properly interpreted and applied Iowa Code 476.53; (2) substantial evidence supported the Board's findings; (3) Iowa Code 476.43 was not applicable to this ratemaking proceeding; and (4) section 476.53 as applied to a rate-regulated public utility that may compete in the wholesale energy market did not violate the Equal Protection clauses of the Iowa or U.S. Constitutions or the Commerce Clause of the U.S. Constitution.View "Nextera Energy Res., LLC v. Iowa Utils. Bd." on Justia Law

Covanta Maine, LLC (Covanta), a subsidiary of Covanta Energy, appealed from orders of the Public Utilities Commission denying Covanta's requests for certification of two of its facilities as Class I new renewable resources. Covanta argued that the Commission erred by basing its conclusion that the facilities were not refurbished on the ratio of Covanta's expenditures in the facilities to the value of those facilities, and it therefore asserted that the Commission improperly denied certification of its two facilities. The Supreme Court vacated the judgment of the Commission, holding that the Commission erred by establishing a requirement that the expenditures meet some minimum level that equals an unspecified percentage of the total value of the facility. Remanded. View "Covanta Maine, LLC v. Pub. Utils. Comm'n" on Justia Law

Qwest Corporation and the Colorado Public Utilities Commission (PUC) appealed a district court's judgment in favor of the Colorado Office of Consumer Counsel (OCC) that reversed the PUC's decision setting the maximum rate for certain telephone services. Upon review, the Supreme Court concluded that the PUC regularly pursued its authority because it considered all of the statutorily-mandated factors and its decision is supported by substantial evidence. The Court therefore reversed the judgment of the district court.View "Ofc. of Consumer Counsel v. Pub. Utils. Comm'n" on Justia Law