The Federal Energy Regulatory Commission (FERC) regulates the interstate transmission of natural gas, electricity, and other forms of energy. The D.C. Circuit regularly reviews the decisions of that agency. The issues range from complex ratemaking questions, to pipeline construction and placement, to market structure.

FERC’s decisions moving toward deregulation of natural gas delivery services, separating natural gas sales from natural gas transportation, and promoting greater industry transparency, were reviewed and largely upheld by the D.C. Circuit. FERC’s more recent efforts to prohibit discrimination against particular generators and to require electric utilities to provide all generators “open access” to transmit electricity likewise were reviewed and largely affirmed by the D.C. Circuit.

Review of agency decisions in the field of energy regulation continues to be a persistent, complicated, and important part of the D.C. Circuit’s docket.