FPA § 203(a)(1)(B): A Deal is a Deal, No Matter How Small?

Deck: 

With apologies to Dr. Seuss.

Fortnightly Magazine - May 2016
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In 2005, Congress amended Section 203 of the Federal Power Act, both to expand FERC's oversight over mergers and acquisitions, and to streamline that oversight by eliminating consideration of small-dollar transactions. Yet, FERC interpreted Section 203(a)(1)(B) to apply to any merger or consolidation, of any jurisdictional facilities, even those with de minimis financial value.

This reading of Section 203(a)(1)(B) has raised questions about whether FERC and industry resources are being used efficiently to protect the public interest. Much of those resources seem instead to be expended on matters that were once considered, and arguably should continue to be considered, de minimis.

I. My goodness how the time has flewn. How did it get so late so soon?

The Energy Policy Act of 2005, EPAct, was signed into law on August 8, 2005. Section 1289 of Title XII, Subtitle G, amended Section 203 of the Federal Power Act.

Prior to EPAct, the first sentence of Section 203 provided:

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