Market-Based Rates

In federally regulated competitive power markets, securing and obtaining market-based rate authority is a critically important factor in business success. Troutman Sanders has a long history of helping clients obtain and retain market-based rate authority (often referred to as “power marketer licenses”) from the Federal Energy Regulatory Commission (FERC).

We have represented and advised utilities, utility holding companies, non-utility generators and power marketers on the full range of regulatory matters related to market-based rate authority, including tariff compliance, initial applications, market power analyses and change-in-status filings. In conjunction with our energy mergers and acquisitions practice, we work with clients to analyze the impacts of various corporate transactions on the client’s ability to retain market-based rate authority.

  • Represented a large, vertically integrated utility in FERC administrative litigation over market-based rate authority
  • Represented vertically integrated utilities, non-utility generators and power marketers in change-in-status filings, triennial updates and applications for market-based rate authority (including submittal of “Delivered Price Test” analyses of generation market power)
  • Represented power marketers in obtaining initial market-based rate authority
  • Represented renewable developers in obtaining initial market-based rate authority
  • Counseled utilities on mitigation strategies related to market-based rate authority
  • Filed and defended market-based rate mitigation filings at FERC
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