FERC’s reliance on the Chevron doctrine to support its order was out of place following the US Supreme Court’s June decision in Loper Bright Enterprises v. Raimondo, Judge Neomi Rao said for the US Court of Appeals for the D.C. Circuit.
Under federal law, FERC generally can’t order distribution, also called “wheeling.” An exception permits it to order certain utilities to wheel to an “ultimate consumer” if the ...