FERC Defends Authority Over Rate Incentives Before High Court

The Federal Energy Regulatory Commission urged the US Supreme Court not to hear a case from electric utilities challenging the commission’s decision on rate incentives.

FERC didn’t exceed its authority when it found American Electric Power Service Corp.'s Ohio affiliates ineligible for such rate incentives, the commission said, and a lower court’s ruling in the commission’s favor didn’t create a circuit split warranting the high court’s review.

The utilities’ arguments “lack merit and provide no sound reason for further review of the question presented,” FERC said in its brief filed Monday.

The US Court of Appeals for the Sixth Circuit ...