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ENTERGY SERVICES, INC. v. F.E.R.C.

No. 01-1487.

319 F.3d 536 (2003)

ENTERGY SERVICES, INC. Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Tenaska, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided February 18, 2003.

Attorney(s) appearing for the Case

J. Wayne Anderson argued the cause for petitioner. With him on the briefs was Floyd L. Norton IV.

Andrew W. Tunnell was on the brief for amicus curiae Southern Company Services, Inc. in support of petitioner.

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 Tenaska, Inc. and Washington Parish Energy Center, LLC. With her on the brief were Neil L. Levy, Larry F. Eisenstat and M. Eric Eversole.

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

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

Entergy Services, Inc. petitions for review of two orders of the Federal Energy Regulatory Commission resolving whether some or all transmission customers should pay for a class of network upgrades to an electric utility's transmission grid whose purpose is to protect those generators and equipment in the vicinity of a new interconnecting generator against fault currents. The Commission...

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