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FLORIDA MUNICIPAL POWER AGENCY v. F.E.R.C.

No. 04-1116.

411 F.3d 287 (2005)

FLORIDA MUNICIPAL POWER AGENCY, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent Florida Power & Light Company, Intervenor

United States Court of Appeals, District of Columbia Circuit.

Decided June 14, 2005.

Attorney(s) appearing for the Case

Robert A. Jablon argued the cause for petitioner. With him on the briefs were Daniel I. Davidson and Peter J. Hopkins.

Judith A. Albert, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were Cynthia A. Marlette, General Counsel, and Dennis Lane, Solicitor.

Clifford M. Naeve, Glen S. Bernstein, and Kathryn K. Baran were on the brief for intervenor.

Before: GINSBURG, Chief Judge, and EDWARDS and TATEL, Circuit Judges.

HARRY T. EDWARDS, Circuit Judge.

Florida Municipal Power Agency ("FMPA"), a public agency that sells electric power supply for its member cities, petitions this court for review of two Federal Energy Regulatory Commission ("FERC" or "Commission") decisions in which the Commission declined to consider whether a network service provider can charge a network customer full load ratio prices where it is physically impossible for that provider to service the customer's...

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