Court Lacks Jurisdiction To Review FERC Order.

An Iowa farm couple installed a wind generator for purpose of generating energy for use on their farm.  They desired to sell excess energy generated to a power cooperative pursuant to state net metering provisions. However, the couple disputed the cooperative's power purchase rates, maintaining that they were underpaid for their electricity generated.  As a result, the couple stopped paying their electric bill and the cooperative disconnected them and stopped buying the electricity that they generated.  The couple challenged the disconnection and the Federal Energy Regulatory Commission (FERC) ordered a reconnection.  The cooperative (and other interested parties) sought review of the FERC order.  The court determined that it lacked jurisdiction to hear the case under the Federal Power Act (FPA).  FERC issued its order in accordance with the Public Utility Regulatory Policies Act (PURPA), and the court reasoned that it could only review orders issued under the FPA.  Jurisdiction, the court held, was in the district court and also held that the FERC order contained no deadlines or consequences for non-compliance. Midland Power Cooperative, et al. v. Federal Energy Regulatory Commission, No. 13-1184, 2014 U.S. App. LEXIS 22650 (D.C. Cir. Dec. 2, 2014).

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