FERC Doesn’t Have Reimbursement Order Power, D.C. Circuit Says

June 13, 2025, 3:43 PM UTC

A wind farm operator in Nebraska isn’t entitled to about $6 million in reimbursements from the Federal Energy Regulatory Commission for upgrading an electrical substation, the D.C. Circuit said Friday.

“We agree with the Commission that Kimball Wind does not seek an order for transmission services—the only type of order the Commission may issue under section 211A” of the Federal Power Act, the US Court of Appeals for the D.C. Circuit said.

The Federal Power Act allows FERC to order an unregulated entity to provide transmission services to others on similar terms and for similar rates as what the ...

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