Sithe/Independence Power Partners, L.P., an independent power producer (IPP), has filed a petition at the Federal Energy Regulatory Commission (FERC) alleging that Niagara Mohawk Power Corp. (NMP...
The transmission industry may have to wait even longer for a final decision on challenges to Order 2000 if FERC gets its way.
who are challenging some aspect of Order 2000 readily admit that they are not challenging the underlying notion of restructuring the transmission market. Should the D.C. Circuit court buy FERC's ripeness argument and put off a decision on the merits of the Order 2000 appeal, FERC's vision for the transmission market seems all but guaranteed to become reality. Courts as a rule are even more reluctant to upset a restructured market than they are to overturn an initial agency decision.
The price of the court buying FERC's ripeness argument, though, appears to be a continuing, painful uncertainty for not only the transmission market, but also for every other segment of the electricity industry.
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