(United States moment Circuit) - Petitioners challenge four orders of the Federal Energy Regulatory Commission (FERC) approving the fresh York Independent System Operator's (NYISO) creation of a fresh capacity zone and ordering the implementation of a demand curve for that capacity zone. Petitioners argue that the orders are arbitrary and capricious,unsupported by substantial evidence, and will result in rates that are not just and fair. The petitions for review are denied, and where: 1) the FERC adequately justified its decision to authorize NYISO to create the Lower Hudson Valley Zone as well as its decision not to phase in the fresh zone and its demand curve,notwithstanding fresh York's transmission upgrade initiatives; 2) FERC was not obligated to require NYISO to implement a process for eliminating the fresh zone; and 3) petitioner-utilities raised their cost-causation argument in the wrong proceeding, and should have instead raised it in the Demand Curve Proceeding.
Source: findlaw.com