FERC Approves Louisiana Gas & Electric and Kentucky Utilities Merger Order Modification

On September 10, 2019, the Federal Energy Regulatory Commission affirmed its decision to remove horizontal market power mitigation conditions stemming from Louisiana Gas & Electric’s merger with Kentucky Utilities in 1998.  The “Commission concluded that the Merger continues to be consistent with the public interest without the De-pancaking Mitigation because the record shows that loads located in the LG&E/KU market will continue to have access to a sufficient number of competitive suppliers after the mitigation is removed.”   EI Principal Dr. John R. Morris provided affidavits demonstrating that the mitigation was no longer necessary because the affected customers have many good alternatives to receiving supplies from the utilities.  Troutman Sanders LLP represented LG&E/KU.