The U.S. Court of Appeals for the D.C. Circuit held that it does not have jurisdiction to hear Public Citizen’s and several Connecticut regulatory authorities’ joint appeal of the eighth Forward Capacity Auction results (Public Citizen v. FERC (D.C. Cir. No. 14-1244)). In so doing, the Court agreed with FERC, NEPGA and other intervenors that because FERC did not issue an order on the FCA 8 results, and was not obligated to do so, there was no FERC action or inaction for the Court to review under its jurisdiction.
