MIDLAND POWER v. FEDERAL ENERGY REGULATORY COM'N

No. 13-1184.

774 F.3d 1 (2014)

MIDLAND POWER COOPERATIVE and National Rural Electric Cooperative Association, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, RESPONDENT.

United States Court of Appeals, District of Columbia Circuit.

Decided December 2, 2014.


Attorney(s) appearing for the Case

William D. DeGrandis argued the cause for petitioners. With him on the briefs were Charles A. Patrizia , Stephen B. Kinnaird , Candice Castaneda , Jay A. Morrison , and Pamela Silberstein.

Holly Rachel Smith argued the cause for petitioner-intervenors Iowa Utilities Board and National Association of Regulatory Utility Commissioners. With her on the brief were James Bradford Ramsay and David J. Lynch.

Lisa B. Luftig , 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.

Sean A. Minahan was on the brief for respondent-intervenors Gregory Swecker and Beverly Swecker. Robert P. Trout entered an appearance.

Before: GARLAND, Chief Judge, GRIFFITH, Circuit Judge, and WILLIAMS, Senior Circuit Judge.


Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

The Federal Energy Regulatory Commission issued an order directing Midland Power Cooperative, an Iowa electric utility, to "reconnect" to a wind generator within its territory. Swecker v. Midland Power Cooperative, 137 FERC P 61200 (2011...

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