The California Independent System Operator plans to take the US Federal Energy Regulatory Commission...
The California Independent System Operator plans to take the US Federal Energy Regulatory Commission to the Washington, D.C., Court of Appeals over FERC's decision to limit the potential retroactive refund period for the state to last October.
FERC July 25 ordered trial-type hearings to determine how much money wholesale suppliers may have overcharged California for power dating back to Oct 2, about 60 days after San Diego Gas & Electric filed last summer seeking a return to cost-based rates. Under the Federal Power Act, FERC says it cannot order refunds until 60 days after a complaint has been filed. The ISO, however, has argued all summer that the commission needs to push that date back to last May, when the state's energy markets first showed signs of problems.
In an Aug 24 request for rehearing on the July 25 order, the ISO put FERC on notice that it will take the issue to court. "Accordingly, administrative remedies regarding this issue have been exhausted and outstanding concerns will be addressed on appeal to the applicable Federal Court of Appeals," the ISO said. An ISO spokesman said Wednesday an appeal will be filed by the end of September.