ELR Citation: ELR 20308
No(s). 07-1328 (D.C. Cir. Dec 23, 2008)

The D.C. Circuit denied a petition to review the Federal Energy Regulatory Commission's (FERC's) interpretation of the term "markets" as used in an amendment to the Public Utility Regulatory Policies Act that created exceptions to a utility's mandatory purchase obligation to buy energy from qualifying facilities. Petitioners argued that the term must always denote a competitive market. But FERC's interpretation of markets to encompass both competitive and non-competitive markets was reasonable.