DC Circuit upholds FERC rejection of congestion fee 'carve-out' for new SPP member

摘要

A group of Midwestern municipal utilities' cannot rely on a 40-year-oldcontract to get them out of paying congestion and marginal losscharges in Southwest Power Pool, a federal appeals court has said.Missouri River Energy Services, representing 61 utilities in theUpper Midwest, sought an exemption from certain transmissioncharges when it joined SPP in 2015. It contended that SPP wrongfullydenied it carve-out treatment given other utilities who were party to a1977 contract added to SPP's list of grandfathered agreements.