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CONSUMERS ENERGY CO. v. F.E.R.C.

No. 99-4097.

226 F.3d 777 (2000)

CONSUMERS ENERGY COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 12, 2000.

Attorney(s) appearing for the Case

Deborah A. Moss (argued and briefed), William M. Lange (briefed), Consumers Energy Co., Washington, D.C., for Petitioner.

David H. Coffman (argued), Beth G. Pacella (briefed), Federal Energy Regulatory Commission, Washington, D.C., for Respondent.

Before: COLE and GILMAN, Circuit Judges; TARNOW, District Judge.

GILMAN, Circuit Judge.

Consumers Energy Company has petitioned this court for review of an order of the Federal Energy Regulatory Commission (FERC) that granted Consumers's petition to decrease certain of its rates but, according to Consumers, in doing so attempted to extend its regulatory authority beyond the boundaries authorized by Congress. For the reasons set forth below, we GRANT the petition, SET ASIDE the challenged order, and

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