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SOUTHERN CO. SERVICES, INC. v. F.E.R.C.

No. 02-1373.

353 F.3d 29 (2003)

SOUTHERN COMPANY SERVICES, INC., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Duke Energy Murray, LLC and Tenaska Alabama Partners, L.P., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 30, 2003.

Attorney(s) appearing for the Case

Andrew W. Tunnell argued the cause for petitioner. With him on the briefs were Dan H. McCrary, Jennifer M. Buettner, and Kevin A. McNamee.

Laura J. Vallance, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were Cynthia A. Marlette, General Counsel, and Dennis Lane, Solicitor.

Ashley C. Parrish argued the cause for intervenors. With him on the brief were Gretchen Schott, Larry F. Eisenstat, M. Eric Eversole, and Neil L. Levy.

Before: GINSBURG, Chief Judge, and EDWARDS and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

On February 19, 2002, Southern Company Services, Inc. ("Southern") submitted an informational filing to the Federal Energy Regulatory Commission ("FERC" or "Commission") on behalf of a group of public utilities. The filing notified the Commission of Southern's intention to seek recovery of line outage costs incurred to allow generators...

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