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LOUISIANA PUBLIC SERVICE COM'N v. F.E.R.C.

No. 16-1014.

860 F.3d 691 (2017)

LOUISIANA PUBLIC SERVICE COMMISSION, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Arkansas Public Service Commission and Entergy Services, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 23, 2017.

Attorney(s) appearing for the Case

Michael R. Fontham , New Orleans, LA, argued the cause for petitioner. With him on the briefs were Paul L. Zimmering , Noel J. Darce , and Dana M. Shelton , New Orleans, LA.

Carol J. Banta , Senior Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the briefs were David L. Morenoff , General Counsel, and Robert H. Solomon , Solicitor.

Mark Strain , Austin, TX, argued the cause for intervenors. With him on the briefs were David C. Duggins , Marnie A. McCormick , Austin, TX, Gregory W. Camet , New Orleans, LA, P. Randolph Hightower , Glen L. Ortman , and Dennis Lane , Washington, DC. Adrienne E. Clair , Washington, DC, entered an appearance.

Before: Garland, Chief Judge, Griffith, Circuit Judge, and Edwards, Senior Circuit Judge.

The Louisiana Public Service Commission (LPSC) asked the Federal Energy Regulatory Commission (FERC) to reform certain depreciation rates on the ground that those rates were unjust, unreasonable, unduly discriminatory, or preferential. FERC rejected the request, finding that LPSC failed to meet its burden of proof. LPSC now...

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