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FERC Files Response to NRG Appeal with D.C. Circuit of FERC TLR Standard Orders


May 24, 2010

On May 24, 2010, FERC filed a reply in support of its motion for dismissal or abeyance of NRG Power Marketing’s (NRG) petition for review in front of the D.C. Circuit Court of Appeals (Case No. 10-1061).  To view FERC’s reply, click here.

On March 12, 2010, NRG had submitted its petition for review of FERC Orders 713, 713-A, and 713-B, approving new versions of NERC Reliability Standard IRO-006 addressing Transmission Loading Relief (“TLR”) procedures.

The Court granted NERC’s Motion to Intervene on June 23, 2010.  It is believed that this is the first appeal of a FERC Order concerning reliability standards to be appealed to a U.S. Court of Appeals.

In its May 24 reply, FERC argued, among other things, that the challenged orders are “not ripe for review,” and should be dismissed, or alternatively held in abeyance, until FERC has completed the Notice of Inquiry ("NOI") proceeding related to this standard that was instituted by FERC on January 21, 2010 in FERC Docket No. RM10-9.