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

No. 04-1020.

394 F.3d 954 (2005)

DTE ENERGY COMPANY and Detroit Edison Company, Petitioners v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent Dearborn Industrial Generation, LLC and International Transmission Company, Intervenors

United States Court of Appeals, District of Columbia Circuit.

Decided January 14, 2005.

Attorney(s) appearing for the Case

Michael C. Griffen argued the cause for petitioners. With him on the briefs was John D. McGrane.

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 Lona T. Perry, Attorney.

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

ROGERS, Circuit Judges.

The DTE Energy Company and the Detroit Edison Company ("Detroit Edison") petition for review of three orders of the Federal Energy Regulatory Commission ruling that certain distribution and interconnection facilities are transmission facilities subject to the Commission's exclusive jurisdiction. DTE's petition is not properly before the court because it failed to seek rehearing or petition for review...

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