ENTERGY SERVICES, INC., Petitioner
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent.
Southern Company Services, Inc., et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued September 10, 2004.
Decided December 10, 2004.
Rehearing Denied February 11, 2005.
Attorney(s) appearing for the Case
J. Wayne Anderson argued the cause for petitioners. With him on the briefs were Floyd L. Norton, IV., Heath K. Knakmuhs, S. Chris Still, Kevin A. McNamee, and Gerard A. Clark. Andrew W. Tunnell and Matthew W. Estes entered appearances.
Thomas D. Samford, IV, was on the brief for Alabama Public Service Commission in support of petitioner and reversal of orders.
Marlene K. Stern was on the brief of amicus curiae Florida Public Service Commission in support of petitioner and urging reversal. With her on the brief was David E. Smith. Harold A. McLean entered an appearance.
Thurbert E. Baker, Attorney General, Attorney General's Office of the State of Georgia, and Daniel S. Walsh, Assistant Attorney General, were on the brief for amicus curiae Georgia Public Service Commission in support of petitioner.
Dennis Lane, Solicitor, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief were Cynthia A. Marlette, General Counsel, and Laura J. Vallance, Attorney.
Ashley C. Parrish argued the cause for intervenor Tenaska, Inc. With him on the brief was Neil L. Levy.
Before: SENTELLE, TATEL and ROBERTS, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Rehearing En Banc Denied February 11, 2005.
Opinion of the Court filed by Circuit Judge SENTELLE. Concurring Opinion filed by Circuit Judge TATEL.
SENTELLE, Circuit Judge.
Electricity utility companies Entergy Services, Inc., Southern Company Services, Inc., and Nevada Power Company, Inc., petition for review of various orders of the Federal Energy Regulatory Commission in which the Commission held that certain costs incurred by customers connecting...
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