New Mobile-Sierra Decision

Posted on January 14, 2010 by Vorys

The Mobile-Sierra doctrine requires FERC to "presume that the rate set out in a freely negotiated wholesale-energy contract meets the 'just and reasonable' requirement imposed by law.  The presumption may be overcome only if FERC concludes that the contract seriously harms the public interest."  Morgan Stanley Capital Group Inc. v. Public Utility District No. 1 of Snohomish County (Case Nos. 06-1457 and 06-1462) (June 26, 2008).

Yesterday, the U.S. Supreme Court held that this standard of review applies to contract rate challenges even when they are brought by non-contracting parties.  See NRG Power Marketing, LLC v. Maine Public Utilities Commission (Case No. 08-674).

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