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XCEL ENERGY SERVICES INC. v. F.E.R.C.

No. 14-1282.

815 F.3d 947 (2016)

XCEL ENERGY SERVICES INC., Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent Occidental Permian LTD., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 8, 2016.

Attorney(s) appearing for the Case

Stephen M. Spina argued the cause and filed the briefs for petitioner.

Jennifer L. Mersing and Earle H. O'Donnell were on the brief for intervenor Occidental Permian Ltd. in support of petitioner.

Lisa B. Luftig , Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were David L. Morenoff , General Counsel at the time the brief was filed, and Robert H. Solomon , Solicitor.

Carrie L. Bumgarner , Matthew J. Binette , Andrew T. Swers , and Marvin T. Griff were on the brief for intervenors Southwest Power Pool Inc. and Tri-County Electric Cooperative, Inc.

Opinion for the Court filed by Circuit Judge ROGERS.

Xcel Energy petitions for review of three orders of the Federal Energy Regulatory Commission denying a retroactive refund for unlawful rates. Southwest Power Pool, Inc., a regional transmission organization, filed a tariff revision pursuant to section 205 of the Federal Power Act to implement the formula rate of a non-jurisdictional...

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