FERC success rate on court appeals inches above 60 in 2022: analysis

摘要

The Federal Energy Regulatory Commission was upheld inappeals courts in more than 60 of cases in 2022, up fromaround 55 in 2021, even as FERC sees more decisionschallenged, according to an analysis by a former FERC attorneywho follows the agency closely.The data from Carolyn Elefant, who owns a law practicefocused on FERC, shows 48 appeals court decisions reviewingFERC orders issued in 2022, with 17 either remanded for furtherexplanation or vacated entirely. That translates to about a 63“win” rate for the commission, up about eight percentage pointsfrom 2021, Elefant said.