Connecticut Dep't of Pub. Util. Control v. FERC, No. 08-1199
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.
Argued December 8, 2009
Decided January 29, 2010
Opinion by Judge Williams