The District of Columbia Circuit Court of Appeals agreed this week to hold off on issuing a mandate on a panel’s decision in February tossing a lawsuit filed by the Kansas Corporation Commission against the Federal Energy Regulatory Commission.
The decision came so the KCC has time to petition the U.S. Supreme Court in the lawsuit it filed in 2016 claiming FERC had acted unlawfully by approving formula rates which help determine electric rates charged by public utilities.
The case involves the Southwest Power Pool, the same regional organization which includes Oklahoma. When Transource Energy LLC, a holding company for transmission development-focused susidiaries wanted to develop transmission facilities in the Power Pool’s footprint, it had to create Transource Kansas.
The KCC argued FERC was wrong to have approved formula rates for future subsidiaries that didn’t exist. But a Circuit Court panel ruled the KCC suffered no harm and dismissed the lawsuit.