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CONSUMERS ENERGY CO. v. F.E.R.C.

Nos. 03-1403, 04-1252.

428 F.3d 1065 (2005)

CONSUMERS ENERGY COMPANY, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent Wisconsin Electric Power Company, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided November 4, 2005.

Attorney(s) appearing for the Case

Deborah A. Moss argued the cause and filed the briefs for petitioner.

Patrick Y. Lee, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief were Cynthia A. Marlette, General Counsel, and Dennis Lane, Solicitor.

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

Opinion of the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge.

In these consolidated cases, petitioner, a public utility, challenges two Federal Energy Regulatory Commission orders denying reimbursement for certain costs incurred in connection with the establishment of a now-defunct regional transmission organization. Finding FERC's decisions neither arbitrary nor capricious, we deny the petitions for review.

I.

In the late 1990s...

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