id	author	title	date	pages	extension	mime	words	sentence	flesch	summary	cache	txt
cblr-8480	Megan Hirsh	Creatures of Congress Collide: Defending FERC’s Ratemaking Authority in Electric Utility Bankruptcies	2021	56	.pdf	application/pdf	20009	1070	60	HIRSH – NOTE 6/13/2021 8:42 PM No. 1:296] CREATURES OF CONGRESS COLLIDE 345 courts demand that, from the rejection stage on, the district court should withdraw the reference of the bankruptcy court and assign the initial resolution of proposed modifications to FERC.246 1. Constitutional Limits on the Authority of the Bankruptcy Court To Decide Non-Bankruptcy Issues The role for FERC in electric utility bankruptcies is complicated by the fact that bankruptcy courts are not Article III courts.247 FERC, when acting as an adjudicator, also is not an Article III tribunal.248 And although bankruptcy and FERC tribunals are housed in different branches, they are both creatures of Congress. A core tenet of energy policy is contractual stability, which is why outside of bankruptcy FERC applies the stringent public-interest standard when a party seeks to unilaterally modify or 263 Baird & Casey, supra note 259, at 205 (citing RadLAX Gateway Hotel, LLC v. Amalgamated Bank, 132 S. Ct. 2065 (2012)).	cache/cblr-8480.pdf	txt/cblr-8480.txt