Overview
On June 28, 2024, Law360 quoted Dan Mullen in an article titled, "High Court Bends, But Doesn't Break, FERC Enforcement." The article discusses how the US Supreme Court's new limits on administrative law judge powers has injected fresh uncertainty into how the Federal Energy Regulatory Commission (FERC) conducts its enforcement process.
Speaking to Law360 about the new limits Mullen said: "The statutory purpose of FERC is to ensure just and reasonable rates. You've got a regulatory scheme based on enumerated rights under tariffs to ensure just and reasonable rates. The commission uses its ALJs to do fact-finding; I don't think there's anything to suggest that such claims are analogous to common law claims."
Read the full article in Law360.
