Supreme Court denies case seeking to rein in FERC

By Niina H. Farah | 10/08/2024 06:35 AM EDT

Ohio utility regulators had asked the justices to weigh in on whether federal judges can break ties on FERC rules.

The Federal Energy Regulatory Commission is seen in Washington.

The Federal Energy Regulatory Commission is seen May 13 in Washington. Jacquelyn Martin/AP

The Supreme Court declined on Monday to consider whether judges should serve as tiebreakers for deadlocked federal energy regulators.

On the first day of the Supreme Court’s new term, the justices denied a petition from Ohio utility regulators saying judges should not automatically defer to decisions that the Federal Energy Regulatory Commission — which normally has five members but sometimes has fewer — approves by a 2-2 vote.

Despite a lack of majority, such decisions can go into effect “by operation of law” and can be reviewed by courts under the Federal Power Act.

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In its petition, the Public Utilities Commission of Ohio (PUCO) had asked the Supreme Court to decide whether the 3rd U.S. Circuit Court of Appeals last year improperly upheld an amended FERC rule that aimed to boost renewables in the nation’s largest power market.

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