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Central Maine Power Co. v. Federal Energy Regulatory Commission

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ON PETITION FOR REVIEW OF ORDERS OF THE FEDERAL ENERGY REGULATORY COMMISSION

The petitions for review in this case challenge orders of the Federal Energy Regulatory Commission (“FERC”) that have the effect of reinstituting an earlier charge–the so-called installed capability (“ICAP”) deficiency charge–paid by electric utilities in New England who fail to meet certain reserve capacity requirements. This court stayed implementation of all but a small portion of the charge pending judicial review. The background is complicated but can be summarized as follows.

In New England, as in other regions of the country, electrical power is furnished through a grid of interconnected intercity transmission lines and local distribution lines within each city or town. Power is generated within the region, or purchased from outside (e.g., from Canada). Some utilities engage in all three functions (generation, intercity transmission, local distribution); but many are local “retailers” who own only the local distribution facilities within a town and purchase all of their needs from generating utilities that have surplus power. *fn2

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