Authors

Lucy Wiggins

Class Year

2007

Document Type

Litigation Update

Publication Date

Spring 2007

Abstract

In December 2000, the Federal Energy Regulatory Commission (“FERC”) responded to the rising Western Energy Crisis by issuing an order encouraging local utilities to enter into long-term contracts, while promising to monitor the market-based rates (“MBR”) on which the contracts were based to ensure that the rates met the statutory “just and reasonable” standard. The order resulted in a pressurized environment requiring local utilities to hastily negotiate expensive five-to-ten year supply contracts or risk having to shut down.

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