Doubtful D.C. Cir. Presses Wind Farm Operator on Reimbursement

A wind farm operator in Nebraska seeking about $6 million in reimbursements for upgrading an electrical substation faced a skeptical D.C. Circuit at oral arguments Thursday.

The US Court of Appeals for the D.C. Circuit seemed unpersuaded by Kimball Wind LLC’s interepretation of the Federal Power Act, which allows the Federal Energy Regulatory Commission to order an unregulated entity to provide transmission services to others on similar terms and for similar rates as what it provides itself.

Kimball argued it should be reimbursed because it participates in the transmission market regulated by the FPA. It contracted with intervenor Western Area ...