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ALABAMA MUN. ELEC. AUTHORITY v. F.E.R.C.

No. 10-1141.

662 F.3d 571 (2011)

ALABAMA MUNICIPAL ELECTRIC AUTHORITY, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent City of Dalton, Georgia, doing business as Dalton Utilities and Southern Company Services, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 13, 2011.

Attorney(s) appearing for the Case

Randolph Lee Elliott argued the cause and filed the briefs for petitioner.

Cynthia S. Bogorad , Peter J. Hopkins , Sharon Coleman , and Susan N. Kelly were on the briefs for amicus curiae American Public Power Association in support of petitioner.

Beth G. Pacella , Senior Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. On the briefs were Robert H. Solomon , Solicitor, and Lona T. Perry , Senior Attorney.

Andrew W. Tunnell argued the cause for intervenors Southern Company Services, Inc., et al. With him on the brief were S. Chris Still , Kevin A. McNamee , Tom Blackburn , and James H. McGrew .

Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

WILLIAMS, Senior Circuit Judge:

Petitioner, Alabama Municipal Electric Authority ("AMEA"), purchases power wholesale from various sources, including Southern Company, and sells it to 11 municipally owned utilities in Alabama. To get the power to its customers, AMEA uses "unbundled" transmission service provided by one of Southern's subsidiaries, Alabama Power Company. (Southern's other public utility subsidiaries are Georgia Power Company, Gulf Power Company, and...

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