FIRSTENERGY SERVICE CO. v. F.E.R.C.

No. 12-1461.

758 F.3d 346 (2014)

FIRSTENERGY SERVICE COMPANY, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Duke Energy Kentucky, Incorporated, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 18, 2014.


Attorney(s) appearing for the Case

John Lee Shepherd, Jr. argued the cause for petitioner. With him on the briefs were John N. Estes III , William Rainey Barksdale , and John Anthony James Barkmeyer.

Holly E. Cafer , Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were David L. Morenoff , Acting General Counsel, and Robert H. Solomon , Solicitor.

Opinion for the Court filed by Senior Circuit Judge SENTELLE.


SENTELLE, Senior Circuit Judge:

Petitioner FirstEnergy Service Company is a diversified energy company acting on behalf of its affiliates American Transmission Systems, Inc. ("ATSI") and a collection of ATSI Utilities. Like many electric utility companies, FirstEnergy is a voluntary member of a Regional Transmission Organization ("RTO"). In June 2011, FirstEnergy transferred from one RTO to another. In doing so, it incurred costs related to transmission projects both...

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