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BLACK OAK ENERGY, LLC v. F.E.R.C.

Nos. 08-1386, 11-1275, 12-1286.

725 F.3d 230 (2013)

BLACK OAK ENERGY, LLC, et al., Petitioners v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent City Power Marketing, LLC, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 6, 2013.

Attorney(s) appearing for the Case

Catherine R. Connors argued the cause for petitioners. With her on the briefs were Carol A. Smoots and Timothy R. Schneider.

Samuel Soopper , Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief were David L. Morenoff , Acting General Counsel, and Robert H. Solomon , Solicitor. Beth G. Pacella , Attorney, Federal Energy Regulatory Commission, Robert V. Eckenrod , Gary J. Newell , and Robert A. Weishaar Jr.

Opinion for the Court filed by Circuit Judge GRIFFITH.

GRIFFITH, Circuit Judge:

By statute, the Federal Energy Regulatory Commission (FERC) regulates trading in energy markets. This case concerns the markets operated by PJM Interconnection LLC, a Regional Transmission Organization (RTO)1 covering the East Coast, Appalachia, and parts of the Midwest. Some PJM market participants are known as "virtual marketers." Unlike participants who actually traffic in electricity, the virtual marketers...

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