NextEra Energy Resources, LLC v. Federal Energy Regulatory Commission
ELR Citation: 54 ELR 20141 No(s). 23-1094 (D.C. Cir. Oct 4, 2024)
The D.C. Circuit, 2-1, denied petitions to review FERC's orders requiring a generator to upgrade its circuit breaker in order for another power source to safely connect to the regional transmission grid and requiring the new source to compensate the generator for direct costs of the upgrade. The generator petitioned for review. The court found FERC had statutory authority to require the upgrade, correctly interpreted the governing tariff and contract to require the upgrade, and permissibly denied compensation for the generator's indirect costs. It denied the petitions.