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PUBLIC SERVICE COM'N OF KENTUCKY v. F.E.R.C.

Nos. 03-1092, 03-1097.

397 F.3d 1004 (2005)

PUBLIC SERVICE COMMISSION OF THE COMMONWEALTH OF KENTUCKY, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent Midwest ISO Transmission Owners, et al., Intervenors

United States Court of Appeals, District of Columbia Circuit.

Decided February 18, 2005.

Attorney(s) appearing for the Case

David E. Pomper argued the cause for petitioners. With him on the briefs were Thomas C. Trauger, David D'Alessandro, John E. McCaffrey, Richard G. Raff, Robert A. Weishaar, Jr., and Jeffrey L. Landsman.

Beth G. Pacella, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief was Cynthia A. Marlette, General Counsel.

Michael E. Small, Paul M. Flynn, and Wendy N. Reed were on the brief for intervenors in support of respondent.

Before: RANDOLPH, TATEL, and ROBERTS, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROBERTS.

ROBERTS, Circuit Judge.

This petition arises out of a proceeding before the Federal Energy Regulatory Commission to set rates for the transmission of electricity over lines operated by a regional transmission organization. Over a century ago, the first Justice Harlan noted that regulated rates must ensure just compensation, but confessed that "[h]ow such compensation...

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