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EAST TEXAS ELEC. COOP., INC. v. F.E.R.C.

No. 02-1087.

331 F.3d 131 (2003)

EAST TEXAS ELECTRIC COOPERATIVE, INC. et al., Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Southwest Power Pool, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 13, 2003.

Attorney(s) appearing for the Case

John H. Conway argued the cause for petitioner. With him on the briefs were Christine C. Ryan, A. Hewitt Rose, III and Brian C. Drumm.

Dennis Lane, Solicitor, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief was Cynthia A. Marlette, General Counsel.

Wallace F. Tillman was on the brief for amicus curiae National Rural Electric Cooperative Association in support of petitioners.

Before: GINSBURG, Chief Judge, and ROGERS and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge.

This case involves a recurring issue under the open access policies of Order No. 888 of the Federal Energy Regulatory Commission ("FERC") regarding the extent to which utilities should receive compensation for the use of their transmission facilities for services provided in concert with other transmission providers. See Transmission Access Policy Study Group v. FERC ("TAPS"),<...

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