Federal Appeals Court Upholds FERC Order Requiring Equitable Treatment of Mississippi Ratepayers

June 1, 2018

In the attached opinion issued June 1, 2018, by the U.S. Court of Appeals for the D.C. Circuit, Judge Sentelle affirms FERC’s decision to require Entergy Arkansas to continue sharing with its Mississippi and Louisiana affiliates, notwithstanding its withdrawal from the Entergy System Agreement, the benefits of a settlement agreement with the Union Pacific railroad.  The settlement arose from a train derailment that increased fuel costs paid by all three states’ ratepayers.  Spiegel partner David Pomper argued the case for multiple state commission intervenors supporting FERC; Steve Pearson also worked on the case.

You may access the decision here or at the link below.