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TNA MERCHANT PROJECTS, INC. v. F.E.R.C.

No. 08-1201.

616 F.3d 588 (2010)

TNA MERCHANT PROJECTS, INC., Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent Bonneville Power Administration, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided August 10, 2010.

Attorney(s) appearing for the Case

Brian R. Gish argued the cause for petitioner. With him on the briefs was John Cameron.

Samuel Soopper , Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief were Cynthia A. Marlette , General Counsel, and Robert H. Solomon , Solicitor. Barbara C. Biddle and Jeffrey A. Clair , Attorneys, U.S. Department of Justice, entered appearances.

Elizabeth K. Loebach argued the cause for intervenor Bonneville Power Administration. With her on the brief was Mary K. Jensen.

Opinion for the Court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge:

Chehalis Power Generating, L.L.C., petitions for review of two orders of the Federal Energy Regulatory Commission (FERC).1 The orders held that the rate schedule Chehalis proposed for supplying reactive power to the Bonneville Power Administration (BPA) constituted a "changed rate" that was subject to the suspension and refund provisions of § 205(e) of the Federal Power Act (FPA), 16 U.S.C. § 824d(e)....

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