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MIDWEST INDEPENDENT TRANSMISSION SYS. v. F.E.R.C.

Nos. 03-1238 and 03-1254.

388 F.3d 903 (2004)

MIDWEST INDEPENDENT TRANSMISSION SYSTEM OPERATOR, INC., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. New York Independent System Operator, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided November 12, 2004.

Attorney(s) appearing for the Case

Stephen L. Teichler argued the cause for petitioners and intervenors in support of petitioners. With him on the briefs were Arnold H. Quint, Michael E. Small, Jeffrey G. DiSciullo, and Deborah C. Brentani. Stephen G. Kozey 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.

Before: ROGERS, TATEL, and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

Obligated by statute to recoup its costs from industries it regulates, the Federal Energy Regulatory Commission funds its electricity-related programs through annual charges to public utilities based on the volume of electricity they transmit. In this case, two transmission providers, having unsuccessfully petitioned FERC to base those charges...

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