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- Title
NEW CHAPTERS IN THE MOBILE-SIERRA STORY: APPLICATION OF THE DOCTRINE AFTER NRG POWER MARKETING, LLC V. MAINE PUBLIC UTILITIES COMMISSION.
- Authors
Tewksbury, David G.; Lim, Stephanie S.; Su, Grace
- Abstract
The Mobile-Sierra doctrine mandates respect for private contracts by shielding them from regulatory interference except when necessary in the public interest. Recent Supreme Court decisions have reaffirmed the continuing vitality of the doctrine, making it clear that any party - whether a seller, buyer, or third party (including the Federal Energy Regulatory Commission itself) - may not seek to modify a contract except in cases where a stringent "public interest standard" is satisfied. The Commission has now added a new twist to the Mobile-Sierra story by finding that it has the discretion to employ a similar, "more rigorous application of the just and reasonable standard" to protect non-contract rates, including those set forth in settlements regarding generally-applicable tariff provisions. This article traces the development, and addresses issues regarding the actual application, of the Mobile-Sierra doctrine and the new standard articulated by the Commission.
- Subjects
UNITED States; DOGMA; NRG Power Marketing LLC; ACTIONS &; defenses (Law); SIERRA Pacific Power Co.; UNITED States. Supreme Court; CONTRACTS
- Publication
Energy Law Journal, 2011, Vol 32, Issue 2, p433
- ISSN
0270-9163
- Publication type
Article