The D.C. Circuit struggled during oral arguments Thursday to understand how industrial consumers of electric transmission and power services had standing to challenge the Federal Energy Regulatory Commission’s decision to allow an interstate transmission company to increase its rates.
Judges Florence Y. Pan and Judith W. Rogers repeatedly asked both the petitioners and FERC to clarify their positions on standing as a threshold matter, especially because FERC seemed to not be contesting the issue.
“It seems to me that you should not have an institutional interest in supporting consumers to have standing any time there’s agency action that could possibly …