October 26, 2016
Court Says It Lacks Authority To Review Deadlocked FERC Which Allowed ISO-NE Capacity Auction Results Clouded By Market Power Allegations To Take Effect
Court Laments "Questionable" Decision By Then-FERC Chair To Disclaim Authority Over Auction Results
The U.S. Court of Appeals for the D.C. Circuit said in an order that it lacks authority to review deadlocked FERC decisions, in finding that it cannot review a deadlocked FERC which allowed the results of the 2014 ISO New England Forward Capacity Auction (FCA 8, for 2017/18 delivery year) to stand