LOUISIANA PUBLIC v. FEDERAL ENERGY REGULATORY

No. 13-1155.

772 F.3d 1297 (2014)

LOUISIANA PUBLIC SERVICE COMMISSION, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Arkansas Public Service Commission, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

December 5, 2014.


Attorney(s) appearing for the Case

Michael R. Fontham argued the cause for petitioner. With him on the briefs were Paul L. Zimmering , Noel J. Darce , Dana M. Shelton , and Stephen Kebel.

Holly E. Cafer , Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were David L. Morenoff , Acting General Counsel, and Robert H. Solomon , Solicitor.

John S. Moot argued the cause for intervenors. With him on the brief were Gerard A. Clark , John L. Shepherd, Jr. , Andrea Weinstein , Dennis Lane , Glen L. Ortman , Paul Randolph Hightower , and Chad James Reynolds.

Before: ROGERS and WILKINS, Circuit Judges, and WILLIAMS, Senior Circuit Judge.


The Louisiana Public Service Commission ("LaPSC") petitions for review of an order of the Federal Energy Regulatory Commission denying refunds to certain Louisiana-based utility companies for payments they made pursuant to a cost classification later found to be "unjust and unreasonable." The Commission failed, LaPSC contends...

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