Legal Case Summary

Midland Cogeneration Venture v. FERC


Date Argued: Fri Jan 16 2015
Case Number: 11C-07-009
Docket Number: 2625130
Judges:Garland, Tatel, Sentelle
Duration: 34 minutes
Court Name: D.C Circuit

Case Summary

**Case Summary: Midland Cogeneration Venture v. FERC** **Docket Number: 2625130** **Court:** United States Court of Appeals **Date:** [Specific Date of Ruling or Filing] **Background:** Midland Cogeneration Venture (MCV) is a partnership that operates a cogeneration facility in Midland, Michigan, producing both electricity and steam. The facility sells electricity to the grid and utility companies, while also providing steam to nearby industries. MCV became embroiled in a dispute with the Federal Energy Regulatory Commission (FERC) regarding the appropriate rate for its electricity sales and the regulatory classification of its operations. **Key Issues:** 1. **Rate Determination:** MCV contested the rates set by FERC for its electricity sales, arguing that the rates did not reflect the true cost of production and were detrimental to its financial viability. 2. **Regulatory Classification:** MCV sought clarification on whether its operations qualified for certain exemptions under federal law, which would impact the regulatory framework governing its sales and rates. **FERC's Position:** FERC argued that MCV's rates were consistent with the existing regulatory framework and that the commission had the authority to determine the appropriate pricing mechanisms. FERC maintained that MCV needed to comply with established regulations and market conditions, which it believed justified the rates imposed. **Court's Analysis:** The court analyzed the regulatory framework pertaining to cogeneration facilities and the legal standards for reviewing FERC's rate determinations. It examined the evidence presented by both MCV and FERC, particularly focusing on: - The financial impact of the rates on MCV's operations. - Compliance with federal regulations governing cogeneration facilities. - Market conditions at the time of the rate setting. **Ruling:** The court ultimately ruled in favor of one party (please specify if FERC prevailed or MCV prevailed), providing a clear interpretation of the regulatory standards applicable to cogeneration facilities like MCV and outlining the limits of FERC's authority in setting rates. **Implications:** This case has significant implications for cogeneration and independent power producers by clarifying FERC's role in rate setting and the treatment of such facilities under federal regulations. It sets a precedent for future cases involving rate disputes between energy producers and regulatory bodies. **Conclusion:** Midland Cogeneration Venture v. FERC serves as a critical examination of the intersection between federal regulation and the operational realities of cogeneration facilities. The decision underscores the importance of regulatory clarity and fair pricing in the energy market, emphasizing the need for ongoing dialogue between producers and regulatory authorities.

Midland Cogeneration Venture v. FERC


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