Supreme Court Declines to Take up Electricity Incentives Dispute

Nov. 10, 2025, 2:36 PM UTC

The US Supreme Court on Monday declined to consider utilities’ challenges to Sixth Circuit decisions that allowed federal energy regulators to limit electricity financial incentives.

The petitions to the Supreme Court stem from a January decision from the US Court of Appeals for the Sixth Circuit. The appellate court upheld FERC’s order limiting financial incentives to utilities that voluntarily join a regional transmission organization, or RTO, which oversees wholesale electricity markets and ensures the supply of electricity.

FERC ruled that Ohio utility company Dayton Power & Light Co. couldn’t qualify for the rate incentive under the Federal Power Act because ...

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