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LOUISIANA ENERGY AND POWER AUTHORITY v. F.E.R.C.

No. 97-1098.

141 F.3d 364 (1998)

LOUISIANA ENERGY AND POWER AUTHORITY, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent Central Louisiana Electric Company, Inc., Intervenor for Respondent

United States Court of Appeals, District of Columbia Circuit.

Decided April 24, 1998.

Attorney(s) appearing for the Case

Milton J. Grossman argued the cause for petitioner, with whom Wallace Edward Brand was on the briefs.

Timm L. Abendroth, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent, with whom John H. Conway, Deputy Solicitor, was on the brief.

John T. Stough, Jr., and Thadd A. Prisco were on the brief for intervenor Central Louisiana Electric Company, Inc.

Before: WILLIAMS, HENDERSON and GARLAND, Circuit Judges.

GARLAND, Circuit Judge:

The Federal Power Act requires that all rates demanded by public utilities for the transmission or sale of electric energy be "just and reasonable." 16 U.S.C. § 824d(a). Where there is a competitive market, the Federal Energy Regulatory Commission (FERC) may rely on market-based rates in lieu of cost-of-service regulation to ensure that rates satisfy this requirement. Cf. Elizabethtown Gas Co. v. FERC, 10 F.3d 866...

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