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

No. 97-1661.

184 F.3d 892 (1999)

LOUISIANA PUBLIC SERVICE COMMISSION, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Mississippi Public Service Commission, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 6, 1999.

Attorney(s) appearing for the Case

Michael R. Fontham argued the cause for petitioner. With him on the briefs was Noel J. Darce.

Larry D. Gasteiger, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief were Jay L. Witkin, Solicitor, and John H. Conway, Deputy Solicitor.

Earle H. O'Donnell argued the cause for intervenor Occidental Chemical Corporation. With him on the briefs was Roger St. Vincent.

John S. Moot argued the cause for intervenor Entergy Services, Inc. With him on the brief were William S. Scherman, Gerard A. Clark and J. Wayne Anderson.

Glen L. Ortman argued the cause for intervenors City Council of New Orleans, et al. With him on the brief were Clinton A. Vince, Mary W. Cochran, Paul R. Hightower and George M. Fleming.

Before: GINSBURG, HENDERSON, and ROGERS, Circuit Judges.

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

The Louisiana Public Service Commission petitions for review of two orders of the Federal Energy Regulatory Commission dismissing its complaint against Entergy Services, Inc., which owns operating companies that generate and sell electricity in Louisiana and other states. The LPSC claims that Entergy may not count interruptible service when allocating capacity costs pro rata among...

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