ELR Citation: 53 ELR 20014
No(s). 22-60458 (5th Cir. Jan 18, 2023)

The Fifth Circuit ordered FERC to provide a meaningful explanation for the length of time it takes for final action in Federal Power Act §206 complaint proceedings, in a lawsuit concerning complaints that have gone four to six years without resolution. The Louisiana Public Service Commission petitioned the court to compel FERC to resolve its complaints related to a ratemaking dispute with the operator of the Grand Gulf Nuclear Station, arguing mandamus was appropriate because Congress intended FERC to work through §206 complaints more quickly, FERC violated a statutory command by failing to do so, and its inaction was causing irreparable injury to consumers. The court found that the Regulatory Fairness Act required FERC to address §206 complaints "as speedily as possible," reflecting Congress' sentiment that the Commission should take action within one or two years, and FERC conceded that some proceedings have taken even longer than those at issue here. It concluded FERC had yet to provide a sufficient explanation for its delay, and ordered it to do so within 21 days.