Entergy’s FERC Capacity Market Tariff Challenge Axed on Appeal

Entergy Arkansas LLC and its affiliates lost their consolidated bid at the D.C. Circuit to challenge Federal Energy Regulatory Commission orders that rejected tariff changes the agency said would give the companies too much market power.

The three-judge panel dismissed Entergy’s case on Tuesday over capacity market tariffs because the company’s opening brief failed to discuss why it would have standing, forfeiting any related arguments, according to the opinion from the US Court of Appeals for the D.C. Circuit.

“Even if we were to consider the standing arguments Entergy now belatedly advances, the company has not demonstrated the necessary concrete, ...