ENTERGY SERVICES v. FEDERAL ENERGY REGULATORY

No. 03-1271.

400 F.3d 5 (2005)

ENTERGY SERVICES, INC., Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent International Paper Company, et al., Intervenors

United States Court of Appeals, District of Columbia Circuit.

Decided March 8, 2005.


Attorney(s) appearing for the Case

J. Wayne Anderson, Erin M. Murphy, and Floyd L. Norton, IV were on the brief for petitioner.

Cynthia A. Marlette, General Counsel, Federal Energy Regulatory Commission, Dennis Lane, Solicitor, and Judith A. Albert, Attorney, were on the brief for respondent. Laura J. Vallance, Attorney, entered an appearance.

Neil L. Levy and Ashley C. Parrish were on the brief for intervenor International Paper Company.

Before: EDWARDS, SENTELLE, and ROGERS, Circuit Judges.


HARRY T. EDWARDS, Circuit Judge.

Entergy Services, Inc., an affiliate of Entergy Corp., a registered public utility holding company (individually and collectively "Entergy"), petitions for review of orders by the Federal Energy Regulatory Commission ("FERC" or "Commission"). FERC held that Entergy's practice of allocating all of a qualifying facility's (QF) output to its schedule and, in the event of a shortfall in the generation of electric energy, serving the QF...

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