The decision by the US Court of Appeals for the District of Columbia Circuit found that the Federal Power Act gives the Commission the discretion to investigate and resolve issues surrounding market-based rates. It upheld rules the Commission issued in 2003 to prevent manipulative practices in wholesale power sales by setting power tariffs.
“The US Supreme Court’s decision…removed all remaining doubt about our legal authority to authorise market-based rates,” Commission chairman Joseph T. Kelliher said.
