FERC Estimates of Damages in Entergy Energy Sales Dispute Upheld

Dec. 7, 2021, 6:02 PM

The Federal Energy Regulatory Commission’s decision to exclude some energy sales in its calculation of how much Entergy Arkansas owed for violating an energy system agreement can avoid a challenge by a Louisiana utility, the D.C. Circuit ruled Tuesday.

FERC said that Entergy Arkansas could make off-system sales as an individual utility, and those sales are called “opportunity sales.” However, the company violated the system agreement by selling low-cost energy to third parties between 2000 and 2009 instead of first offering it to other utilities in the system, the agency said.

The agency excluded some sales from the damages calculation. ...

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