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MICHIGAN PUBLIC POWER AGENCY v. F.E.R.C.

No. 04-1111.

405 F.3d 8 (2005)

MICHIGAN PUBLIC POWER AGENCY and Michigan South Central Power Agency, Petitioners v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent Michigan Electric Transmission Company, LLC, Intervenor

United States Court of Appeals, District of Columbia Circuit.

Decided April 15, 2005.

Attorney(s) appearing for the Case

Alan I. Robbins argued the cause and filed the briefs for petitioners.

Robert H. Solomon, Deputy Solicitor, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief were Cynthia A. Marlette, General Counsel, and Dennis Lane, Solicitor.

Before: SENTELLE, HENDERSON and ROGERS, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROGERS. Concurring opinion filed by Circuit Judge KAREN LeCRAFT HENDERSON.

ROGERS, Circuit Judge.

Michigan Public Power Agency and Michigan South Central Power Agency (collectively "Michigan Agencies") petition for review of two orders of the Federal Energy Regulatory Commission ruling that Michigan Electric Transmission Company ("METC") could pass through to the Michigan Agencies a share of the annual charges that...

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