Then how do “wind” energy producers come under FERC if they aren’t above that size limit? Regardless, the real energy producers could get more creative in their resistance to bad government interdiction in their private endeavors, regardless of the FERC....
Are you of the belief that any party to any contract should be able to change the terms of a contract when market conditions change?
For example, would you advocate the company that holds your fixed rate mortgage change the interest rate you pay from 3.75% to 18.6% simply because interest rates increase in five years?