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Alliant Energy Corp. v. Federal Energy Regulatory Commission

Petitions for review of FERC decision denied; FERC did not err in finding the tariff schedule used by petitioners to be discriminatory and properly resolved the matter by ordering refunds of charges assessed, according to the tariff schedule, for transmitting electricity into or outside of a certain geographical area.

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Argued April 6, 2001

The petitioners challenge two decisions of the Federal Energy Regulatory Commission (Commission or FERC) that ordered the MidContinent Area Power Pool (MAPP) to refund “third party compensation” charges it assessed customers after March 1, 1997 for transmitting electricity into or outside of the MAPP geographical area. First, a group of petitioning MAPP members (MAPP petitioners) assert that the ordered refunds are impermissibly retroactive and that they were incorrectly calculated. In addition, petitioner Enron, a MAPP member and beneficiary of the refunds, maintains the refunds should include not only the third party compensation charges, as the Commission directed, but also a portion of the amounts Enron paid MAPP border utilities, based on their tariff rates, to transmit the energy inside or outside the MAPP area. For the reasons set forth below, we reject all of the petitioners’ arguments and deny both petitions for review.

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