Administrative Law - Utilities.
Utility challenge to tentative rulemaking on allocation of generation costs not arbitrary/capricious, as (1) tentative nature of rulemaking makes it not ripe for review, although jurisdictional statute does not require a final order and (2) although agency did not use the traditional language of "just and reasonable," the decision was in accord with precedent.
Commission adjudication allowing acceptance of bid without granular data of profit/markup was insufficiently reasoned, however -- remanded to commission.
https://www.cadc.uscourts.gov/internet/opinions.nsf/0F9AADF33503A72F85257F230057317B/$file/15-5037-1589972.pdf
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.