As we made clear in Midland Power Co-op. v. FERC , FPA section 313(b) "limits review to orders issued in proceedings under the [Federal Power] Act—and [PURPA] § 210 is not part of th[at] Act." 774 F.3d 1, 3 (D.C. Cir. 2014). Instead, review of section 210(h) enforcement actions occurs on appeal from a district court's final decision.
Indus. Cogenerators v. FERC , 47 F.3d 1231, 1234 (D.C. Cir. 1995) ; see also, e.g. , Midland Power Coop. v. FERC , 774 F.3d 1, 5–6 (D.C. Cir. 2014). We review such declaratory orders only after a qualifying facility or FERC brings an enforcement action in district court and appeals.
The provision is congressionally enacted text. See Conyers v. Merit Sys. Prot. Bd., 388 F.3d 1380, 1382 n.2 (Fed. Cir. 2004) ("Statutes at Large provide the evidence of the laws of the United States."), cert. denied, 543 U.S. 1171, 125 S.Ct. 1360, 161 L.Ed.2d 150 (2005); 1 U.S.C. § 112; see also Midland Power Co-op. v. Fed. Energy Regul. Comm'n, 774 F.3d 1, 3 (D.C. Cir. 2014) (where statutes at large and code conflict, the former prevails). As the Federal Circuit recently explained, in refuting an argument that the "Effective Date" section of an act lacked substantive effect because of its placement in a statutory note:
These rates are commonly referred to as a utility's “avoided cost.” See Midland Power Co-op. v. FERC, 774 F.3d 1, 3 (D.C. Cir. 2014).
These rates are commonly referred to as a utility's "avoided cost." Midland Power Co–op. v. FERC, 774 F.3d 1, 3 (D.C. Cir. 2014). FERC regulations provide that electric utilities must submit relevant data to the state regulatory authority so that the "avoided cost" can be determined.
In Cruz , we adopted the First Circuit's reasoning that "[a] void contract is one that cannot be enforced," and that "a challenge to a mortgage assignment on the ground that the assignor ‘never possessed a legally transferrable interest’ alleges a void, as opposed to voidable, assignment." Cruz , 108 A.3d at 997 (quoting Wilson v. HSBC Mortgage Services, Inc. , 774 F.3d 1, 10 (1st Cir. 2014) ).