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FERC provides guidance in opinion Nos. 569, 569-a, and 569-b on refunds for sequential âpancakedâ complaints under Section 206 of the Federal Power Act
USA
December 10 2020
For years, FERC has permitted challengers to submit a second “pancaked” rate complaint while a complaint under Section 206 of the Federal Power Act (“FPA”) is already pending. The pancaked complaints created overlapping refund periods and uncertainty about what refunds were available under each complaint. In its November meeting, FERC issued Opinion No. 569-B, denying rehearings in relevant part of Opinion Nos. 569 and 569-A, and clarifying the refund effect of such sequential complaints. The issue is whether the filing of such sequential complaints provides a mechanism to circumvent and extend the statutory fifteen-month refund period permitted under FPA Section 206(b). FERC held that it would limit refunds to the statutory fifteen-month period established after filing of the first complaint,