Filed rate doctrine and the prohibition on retroactive ratemaking barred utility's waiver request, as the extraordinary circumstances encountered were outside the specific mechanisms of the rates.
Market monitor has no legally cognizable interest, and therefore no standing to intervene; amicus instead.
https://www.cadc.uscourts.gov/internet/opinions.nsf/B88CD5B756357184852582AD0054B21C/$file/16-1111-1736083.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.