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Article: Ninth Circuit Issues Third in a Series of Decisions Solidifying FERC's Exclusive Jurisdiction Over Wholesale Electricity Markets.(Federal Energy Regulatory Commission )
- Article from:
- Mondaq Business Briefing
- Article date:
- October 19, 2004
CopyrightCOPYRIGHT 2004 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Coming on the heels of two recent opinions affirming FERC's exclusive jurisdiction over wholesale power markets, on September 10, 2004, the Ninth Circuit Court of Appeals issued its decision in Pub. Util. Dist. No. 1 of Snohomish County v. Dynegy Power Marketing, Inc., No. 03-55191, 2004 U.S. App. LEXIS 19045 (Sept. 10, 2004), affirming the dismissal of Snohomish's claims against various traders of wholesale electricity for violations of California's antitrust and unfair competition laws as preempted by federal law and barred by the filed rate doctrine.
In the wake of the California energy crisis of 2000-01, Snohomish, a utility providing electricity to consumers ...