DC Circuit Remands Mobile-Sierra Case Back to FERC

The U.S. Court of Appeals for the District of Columbia Circuit recently remanded Maine Public Utilities Commission v. FERC to the Federal Energy Regulation Commission. FERC must now explain why the Mobile-Sierra doctrine applies to auction rates.

On November 5, 2010, the U.S. Court of Appeals for the District of Columbia Circuit (DC Circuit) remanded a case concerning the Mobile-Sierra doctrine back to the Federal Energy Regulatory Commission (FERC). The case, Maine Public Utilities Commission v. FERC, involves the issue of whether the Mobile-Sierra doctrine applies to the auction rates resulting from a settlement agreement involving the New England capacity market. This proceeding was previously remanded to the DC Circuit by the Supreme Court of the United States in January.