ARKANSAS ELEC. ENERGY CONSUMERS v. F.E.R.C.

Nos. 94-1461, 94-1469, 94-1480, 94-1495, 94-1508 and 94-1509.

290 F.3d 362 (2002)

ARKANSAS ELECTRIC ENERGY CONSUMERS, et al., Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Arkansas Public Service Commission, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 17, 2002.


Attorney(s) appearing for the Case

Mary W. Cochran argued the cause for petitioners. With her on the briefs were Paul R. Hightower, Zachary David Wilson, Brian Donahue, Mitchell F. Hertz, George M. Fleming and Frank Spencer. William B. McKinley and James D. Senger entered appearances.

David H. Coffman, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief were Cynthia A. Marlette, General Counsel, and Dennis Lane, Solicitor.

Michael R. Fontham argued the cause for intervenors Entergy Services, Inc. and Louisiana Public Service Commission. With him on the brief were Noel J. Darce and John N. Estes III.

Before: EDWARDS, ROGERS and TATEL, Circuit Judges.


Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

Arkansas Electric Energy Consumers and others1 petition for review of Opinion Nos. 385 and 385-A of the Federal Energy Regulatory Commission. In those opinions the Commission approved the merger of the Entergy and Gulf States systems under § 203 of the Federal Power Act ("FPA"), 16 U.S.C. § 824b, and an amendment to the Entergy System Agreement...

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