• Subscribe to the AG's RSS Feed
  • Join the AG's FaceBook
  • Follow the AG on Twitter
  • View the AG's YouTube Channel
  • View the AG's Tumblr Page

Puget Decision Opens Door For Massive Energy Crisis Refunds

Update 1
Friday, August 24, 2007
Contact: (415) 703-5837

SAN FRANCISCO - The 9th Circuit Court of Appeals today issued a key decision that requires the Federal Energy Regulatory Commission (FERC) to reconsider its refusal to grant energy crisis refunds—which could potentially return $1.3 billion to California ratepayers. The Attorney General had asked the court to reverse FERC’s refusal to grant refunds after ratepayers suffered massive price-gouging on short-term energy purchased in the Pacific Northwest during the energy crisis of 2001.

In arguments before the 9th Circuit, the Attorney General argued that FERC abused its discretion when it excluded the state’s purchases from refund eligibility. The Court agreed with California’s position and remanded the case back to FERC for reconsideration in light of the Court’s decision.

Commenting on today’s decision, Attorney General Edmund G. Brown Jr. said: “Today’s decision is a major victory for California ratepayers. I encourage FERC to promptly refund the more than one billion that was stolen from the people of California.”

FERC had asserted that California was not entitled to refunds in the Pacific Northwest because the power was consumed in California, not in the Pacific Northwest. Today, the Court found FERC’s reasoning was specious and arbitrary. The Court remanded the case back to FERC, instructing the commission to consider the evidence of market manipulation that it had previously ignored.

As a result of today’s decision, California can now potentially claim $1.3 billion in refunds from non-governmental energy sellers, the largest potential refund-payers being Powerex, Sempra, TransAlta Energy, Coral Power and Trans-Canada.

The case is Port of Seattle, Washington, et al. v. Federal Energy Regulatory Commission, no. 03-74139, also known as the Pacific Northwest (PNW) or Puget case.

# # #

# # #
AttachmentSize
Opinion80.72 KB

Search News Releases

Subscriptions

Megan's Law

California Registered Sex Offender Database

Search Now

Megan's Law information is also available in these languages:

Site Navigation

Translate Website

  • Google™ Translation Disclaimer

This Google™ translation feature is provided for informational purposes only.

The Office of the Attorney General is unable to guarantee the accuracy of this translation and is therefore not liable for any inaccurate information resulting from the translation application tool.

Please consult with a translator for accuracy if you are relying on the translation or are using this site for official business.

If you have any questions please contact:Bilingual Services Program at (916) 324-5482

A copy of this disclaimer can also be found on our Disclaimer page.

Select a Language Below / Seleccione el Idioma Abajo

Close this box or use the [ X ]