09.09.04

9th Circuit Court of Appeals Rules Federal Energy Regulatory Commission Has Broad Authority to Protect Consumers

Cantwell calls on FERC to use authority to grantNorthwest ratepayers immediate relief from Enron

WASHINGTON, D.C. – Today the U.S. Court of Appeals for the Ninth Circuit ruled that the Federal Energy Regulatory Commission “possesses broad remedial authority to address anti-competitive behavior.”

U.S. Senator Maria Cantwell (D-WA), who has repeatedly called on FERC to take action against Enron on behalf of consumers who continue to pay for Enron's shenanigans, made the following statement:

“Today's decision makes clear what we've been saying all along: FERC has the authority it needs to deliver relief to the victims of Enron's market manipulation,” Cantwell said. “The only question is whether FERC will use its authority to benefit Enron's victims or to reward Enron for its illegal energy market manipulation. Northwest consumers should not be forced to pay another dime as a result of the Western energy crisis.”

Cantwell added, “For too long, FERC has thrown its hands in the air, claiming to not be able to do anything to help ratepayers while it stood on the sidelines, allowing Enron to continue to make victims out of ratepayers. I was convinced the commissioners weren't doing their job, and now the courts are saying the same thing. I assure them, all of us who continue to pay high energy bills will be watching to make sure they do their jobs now.”

Incredibly, Enron is suing a number of utilities throughout the West for more than half a billion dollars. This includes a case against Snohomish Public Utility District, which Enron is suing for $122 million, claiming that the utility acted illegally when it ended a 2001 contract resulting from manipulative practices in Western energy markets.

Cantwell sits on the Senate Energy and Natural Resources Committee, which has oversight over FERC.

The full text of the ruling can be found at www.ca9.uscourts.gov/ca9/newopinions.nsf/309746861394BCD588256F0900720522/$file/0273093.pdf?openelement