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7.1.5 Decision

Approval of a settlement as the basis of a new license must be based on substantial evidence1 and must not be arbitrary or capricious. In other words, a settlement must meet the same legal standards as a final decision in a disputed proceeding. If the record does not contain substantial evidence upon which to base a reasoned decision, FERC may establish procedures for the purpose of receiving additional evidence.2

 

  1. See 18 C.F.R.§§ 385.602(g), (h).

  2. See 18 C.F.R. § 385.602(h).


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