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ALLIANT ENERGY CORP. v. F.E.R.C.

Nos. 99-1448, 99-1544.

253 F.3d 748 (2001)

ALLIANT ENERGY CORPORATION, et al., Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Enron Power Marketing, Inc., et al., Intervenors. Enron Power Marketing, Inc., Petitioner, v. Federal Energy Regulatory Commission, Respondent. MidAmerican Energy Company, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 19, 2001.

Attorney(s) appearing for the Case

Steven J. Ross argued the cause for the MAPP Members as petitioners in No. 99-1448 and as intervenors in No. 99-1544. Catherine M. Giovannoni and Richard T. Saas were on brief.

Jeffrey D. Watkiss argued the cause for Enron Power Marketing, Inc. as petitioner in No. 99-1544 and as intervenor in No. 99-1448. Ronald N. Carroll was on brief.

David H. Coffman, Attorney, Federal Energy Regulatory Commission, argued the cause for the respondent. Dennis Lane, Solicitor, Federal Energy Regulatory Commission, was on brief.

Donna M. Attanasio argued the cause for intervenors Northern States Power Company and Northern States Power Company (Wisconsin) in No. 99-1448. Earle H. O'Donnell was on brief.

Isaac D. Benkin was on the brief of intervenor Nebraska Public Power District in No. 99-1448.

Before: WILLIAMS, SENTELLE and HENDERSON, Circuit Judges.

Opinion for the court filed by Circuit Judge KAREN LeCRAFT HENDERSON.

KAREN LeCRAFT HENDERSON, Circuit Judge:

The petitioners challenge two decisions of the Federal Energy Regulatory Commission (Commission or FERC) that ordered the Mid-Continent Area Power Pool (MAPP) to refund "third party compensation" charges it assessed customers after March 1, 1997 for transmitting electricity into or outside of the MAPP geographical area. First, a group of petitioning...

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