Understanding the Mobile Sierra Doctrine: Key Legal Insights

Definition & Meaning

The Mobile Sierra Doctrine is a legal principle that arises from the Federal Power Act and the Natural Gas Act. It establishes that rates negotiated by private parties in wholesale transactions are presumed to be just and reasonable. The Federal Energy Regulatory Commission (FERC) cannot modify these rates unless there is a clear threat to the public interest or the contract allows for such modifications. Essentially, this doctrine protects freely negotiated arrangements, ensuring they are upheld unless significant harm to the public is demonstrated.

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Real-world examples

Here are a couple of examples of abatement:

Example 1: A natural gas supplier and a utility company negotiate a long-term contract for gas delivery at a set rate. If the utility later seeks to alter the rate due to market fluctuations, the Mobile Sierra Doctrine would likely prevent FERC from intervening unless the change poses a significant risk to public interest.

Example 2: A power plant operator enters into a power purchase agreement with a regional utility. If the utility attempts to renegotiate the terms unilaterally, the operator could invoke the Mobile Sierra Doctrine to uphold the original agreement (hypothetical example).

Comparison with related terms

Term Definition Difference
Mobile Sierra Doctrine Presumes negotiated rates are just unless proven otherwise. Focuses on the protection of negotiated contracts.
Cost of Service Rates based on the cost of providing service. Does not assume negotiated rates are reasonable.

What to do if this term applies to you

If you are involved in a wholesale energy transaction and believe the Mobile Sierra Doctrine may apply, consider the following steps:

  • Review your contract to understand its terms regarding rate modifications.
  • Consult with a legal professional to assess the implications of the doctrine for your situation.
  • Explore US Legal Forms for templates that can assist in drafting or reviewing contracts related to energy transactions.

Quick facts

  • Typical Fees: Varies based on contract terms.
  • Jurisdiction: Federal Energy Regulatory Commission (FERC).
  • Possible Penalties: Modification of contracts may lead to legal disputes or regulatory penalties.

Key takeaways