FERC upheld its March decision on remand in which it disclaimedjurisdiction over a four-mile, six-inch line of KN WattenbergTransmission LLC that serves two industrial customers in FortMorgan, CO. The Commission asserted jurisdiction over the lateralin a November 1997 ruling, but the U.S. Court of Appeals for theTenth Circuit remanded the decision two years later. Last March,FERC vacated its controversial decision upon acknowledging that theline met the qualifications for a Hinshaw exemption and, therefore,was subject to regulation by the Colorado Public UtilitiesCommission.
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FERC yesterday upheld its March decision on remand in which itdisclaimed jurisdiction over a four-mile, six-inch line of KNWattenberg Transmission LLC that serves two industrial customers inFort Morgan, CO. The Commission asserted jurisdiction over thelateral in a November 1997 ruling, but the U.S. Court of Appealsfor the Tenth Circuit remanded the decision two years later. LastMarch, FERC vacated its controversial decision upon acknowledgingthat the line met the qualifications for a Hinshaw exemption and,therefore, was subject to regulation by the Colorado PublicUtilities Commission.
October 12, 2000
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