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

No. 03-1027.

375 F.3d 1204 (2004)

ENTERGY SERVICES, INC., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Aquila Merchant Services, Inc. and Louisiana Public Service Commission, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 30, 2004.

Attorney(s) appearing for the Case

John S. Moot argued the cause for petitioner. With him on the briefs was William S. Scherman.

Beth G. Pacella, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. On the brief were Cynthia A. Marlette, General Counsel, Dennis Lane, Solicitor, and David H. Coffman, Attorney.

Before: SENTELLE, ROGERS and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

Entergy Services, Inc. ("Entergy" or "petitioner"), an electricity utility system owning and operating both transmission facilities and generation resources, petitions for review of a Federal Energy Regulatory Commission ("FERC" or "the Commission") order finding that Entergy had unreasonably discriminated against competitors by keeping transmission capacity off the market in violation...

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