Does FERC have jurisdiction over installed capacity requirements in wholesale power systems?

Michael Giberson

Does the Federal Energy Regulatory Commission’s (FERC) asserted authority over the Installed Capacity Requirement, on the ground that it is “a practice affecting rates,” contravene the Federal Power Act’s specific limits on FERC’s authority, and express preservation of State authority over generation facilities and system adequacy?

That is the question for the U.S. Supreme Court to decide in Connecticut Department of Public Utility Control and Richard Blumenthal, Attorney General for the State of Connecticut v. Federal Energy Regulatory Commission, at least as presented in a brief by the National Association of Regulatory Utility Commissioners (NARUC). In case you don’t know, NARUC is the association of state level regulatory commissioners, which should tell you what answers they favor to the question posed above.