Category Archives: Federal Energy Regulatory Commission

Power Purchaser Lacks Standing

Update June 2011: The court denied the plaintiff’s motion to reconsider its decision. Southern District of NY Judge Shira Scheindlin ruled that Plaintiff, Charles Simon, lacked standing to sue electric power supplier KeySpan and Morgan Stanley for allegedly manipulating the price of power sold to Simon’s utility, Con Edison.   KeySpan paid $12 million to settle […]

Sister Pipeline Companies Can’t Conspire Despite Regulatory Duty to Operate Separately

Judge Robert Chambers, Southern District of West Virginia, has held that sister gas pipeline companies are a single entity, incapable of conspiring under Section 1 of the Sherman Act.  The plaintiffs alleged that the companies conspired to park gas in the pipeline during periods when prices were low, and that under federal energy regulations, the […]