Transmission Access Policy Study Group v. Federal Energy Regulatory Commission (225 F.3d 667, 2000)

United States Court of Appeals for the District of Columbia Circuit 2000-06-30

Internal Revenue Code The Public Health and Welfare Government Organization and Employees

Citations

Full opinion text

Opinion for the Court filed PER CURIAM:

Table of Contents

I. Introduction. . 681

II.FERC’s AuthoRity to Require Open Acoess. M OO CO

A. Statutory Challenges: FPA §§ 205 and 206 . lO OO CO

1. §§ 205 and 206 and Otter Tail Power Company. lO OO CO

2. § 206(a) Procedural and Evidentiary Requirements. cOO CO

3. Discriminatory Effect of Order 888 . CO OO CO

B. Constitutional Challenge: Fifth Amendment Takings Clause O Q CO

III. Federal versus State Jurisdiction over Transmission Services O O* ZO

A. Bundled Retail Sales. Oj Ci ZD

B. Local Distribution Facilities. LO OS CO

IV. RECIPROCITY. C5 CO

A. Indirect Regulation of Non-Jurisdietional Utilities. C5 CO

B. Limitation on Reciprocity. OO 05 CO

V. Stranded Cost Recovery Provisions. as C£> OO

A. Wholesale Stranded Costs . cs <£> CD

1. FERC’s Authority to Provide for Stranded Cost Recovery. -q O M

a. Reasonable expectation of continued service. -q O to

b. Sections 206 and 212 of the FPA. -q O CO

c. Implications of Cajun. ~q O ^

2. Natural Gas Precedent and Conformance to Cost Causation Principles. ©

a. Natural gas precedent: AGD, K N Energy, and UDC. lO ©

b. Conformance to cost causation principles. 1> O

3. FERC’s Mobile-Sierra Findings . O O

a. FERC’s authority to make a generic public interest finding_ O rH

b. FERC’s stranded cost public interest finding. H rH

c. FERC’s public interest finding regarding customers. (M rH !>

4. Availability of Stranded Cost Recovery to Nonjurisdictional Utilities and G & T Cooperatives.

5. Challenges to Technical Aspects of Order 888’s Stranded Cost Recovery Provisions. tH

a. POSCR’s challenges to the stranded cost formula. rH

b. Inclusion of known and measurable

c. Treatment of energy costs in the market option. io rH

d. Rescission of notice of termination provision . cd rH

e. Provision for benefits lost. (D rH

B. Retail Stranded Costs. rH

1. Stranded Costs Arising from Retail Wheeling. rH

a. FERC’s jurisdiction over retail stranded costs. t — I

b. FERC’s refusal to assert jurisdiction over all retail stranded costs . as rH

2. Stranded Costs Relating to Retail-Turned-Wholesale Customers ... cq Cq

VI. Credits for Customer-Owned Facilities and Behind-The-Meter Generation. ^ Cq t>

VII. Liability, Interface Allocation, and Discounting ~q to ~q

A. Liability and Indemnification. -q to -q

B. Interface Allocation. -q to