Market power analysis required

CurrencyCurrent through May 31, 2023
Citation 18 C.F.R. §35.37
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5 cases
  • Pub. Citizen, Inc. v. Fed. Energy Regulatory Comm'n
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • August 6, 2021
    ...cannot erect any barriers to entry against potential competitors. See Market-Based Rates ¶¶ 3, 791, 72 Fed. Reg. at 39,906, 39,997 ; 18 C.F.R. § 35.37 ; Morgan Stanley , 554 U.S. at 537, 128 S.Ct. 2733 ; Louisiana Energy , 141 F.3d at 365 ; see also Elizabethtown Gas , 10 F.3d at 870–871.1 ......
  • Pub. Citizen v. Fed. Energy Regulatory Comm'n
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • August 6, 2021
    ...cannot erect any barriers to entry against potential competitors. See Market-Based Rates ¶¶ 3, 791, 72 Fed. Reg. at 39, 906, 39, 997; 18 C.F.R. § 35.37; Morgan Stanley, 554 U.S. at 537; Louisiana Energy, 141 F.3d at 365; see also Elizabethtown Gas, 10 F.3d at 870-871.[1] Second, some seller......
  • In re Long Ridge Energy Generation LLC
    • United States
    • Federal Energy Regulatory Commission
    • December 16, 2021
    ...this discrepancy but determine that the 18.2 MW difference does not materially impact our analysis. [43] Application at 8-9. [44] See 18 C.F.R. § 35.37(c)(5) (2021) ("In lieu of submitting the indicative market power screens, Sellers studying [regional transmission organization (RTO)] or [i......
  • In re Long Ridge Energy Generation LLC
    • United States
    • Federal Energy Regulatory Commission
    • December 16, 2021
    ...this discrepancy but determine that the 18.2 MW difference does not materially impact our analysis. [43] Application at 8-9. [44] See 18 C.F.R. § 35.37(c)(5) (2021) ("In lieu of submitting the indicative market power screens, Sellers studying [regional transmission organization (RTO)] or [i......
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