Midland Power Cooperative v. Federal Energy Regulatory Commission

ELR Citation: 44 ELR 20252
No(s). 13-1184 (D.C. Cir. Dec 2, 2014)

The D.C. Circuit dismissed an Iowa electric utility's motion to overturn a FERC order requiring it to "reconnect" to a wind generator within its territory. Federal Power Act §313 limits judicial review to orders issued in proceedings under that Act. Because the order was issued under §210 of the Public Utility Regulatory Policies Act of 1978 (PURPA), the utility does not qualify as an aggrieved party under the FPA's judicial review provision. Nor does the order qualify as a "rule," which would give the court jurisdiction under the FPA. And Congress vested enforcement of PURPA §210 exclusively in the district court. The D.C. Circuit, therefore, dismissed the case for lack of jurisdiction.

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