July 25, 2016
Court: FERC's Dual Investigatory And Adjudicatory Functions Risk "Inherent Bias"; Says De Novo Review of Generator Penalty Shall Proceed As Ordinary Civil Action
Citing the "inherent bias" in cases where a decision-maker performs both investigatory and adjudicatory functions, the U.S. District Court for the District of Massachusetts said the "de novo" review of a FERC penalty against Maxim Power shall proceed as an ordinary civil action governed by the…