Bloomberg Law
March 15, 2023, 7:53 PM

DC Circuit Probes ‘Exclusivity’ of Southeast Energy Agreement

Madison Alder
Madison Alder

Federal appellate judges questioned the potential exclusivity of an agreement approved by an energy regulator which allows utilities in the Southeast to make short-term energy exchanges with each other at no cost.

Questions from the US Court of Appeals for the District of Columbia Circuit panel came during argument Wednesday in a challenge to Federal Energy Regulatory Commission (FERC) decisions that allowed an agreement, known as the Southeast Energy Exchange Market or SEEM, to form.

Clean energy and environmental organizations bringing suit argue the agreement is at odds with the commission’s policies for open access to energy transmission. They said ...