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

No. 03-1162.

367 F.3d 915 (2004)

CONSUMERS ENERGY COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Ontario Energy Trading International Corporation and Independent Electricity Market Operator, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 14, 2004.

Attorney(s) appearing for the Case

Raymond E. McQuillan argued the cause for petitioner. On the briefs was Deborah A. Moss. Jon R. Robinson entered an appearance.

Lona T. Perry, 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.

Matthew W.S. Estes was on the brief for intervenors. Howard E. Shapiro and John J. Buchovecky entered appearances.

Before: GINSBURG, Chief Judge, and RANDOLPH and Roberts, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROBERTS.

ROBERTS, Circuit Judge:

It was a close thing, but Benedict Arnold's bold plan to capture Canada for the Revolution fell short at the Battle of Quebec in early 1776. As a result, the Federal Energy Regulatory Commission must now decide when affiliates of Canadian utilities — utilities not subject to FERC jurisdiction — may sell power at market-based rates in the United States. In a purely domestic...

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