In a petition for review of the Federal Energy Regulatory Commission’s (FERC) order increasing the permissible return on equity for a regional organization of transmission owners, the petition is denied where: 1) nothing in the law or FERC’s stated purposes required FERC to adduce evidence that the order would produce new transmission investment; and 2) FERC adduced substantial evidence for the proposition that the incentive was likely to increase the speed with which projects were completed.

Read Connecticut Dep’t of Pub. Util. Control v. FERC, No. 08-1199

Appellate Information

Argued December 8, 2009

Decided January 29, 2010

Judges

Opinion by Judge Williams

Counsel

For Petitioners:

Randall L. Speck, Harvey L. Reiter, and Michael C. Wertheimer, Assistant Attorneys General,Attorney General’s Office of the State of Connecticut, Hartford, CT

Lona T. Perry and Cynthia A. Marlette, Federal Energy Regulatory Commission, Washington, DC

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