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WESTAR ENERGY, INC. v. FEDERAL ENERGY REGULATORY

No. 05-1193.

473 F.3d 1239 (2007)

WESTAR ENERGY, INC. and KANSAS GAS AND ELECTRIC COMPANY, Petitioners v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided January 16, 2007.

Attorney(s) appearing for the Case

Martin J. Bregman argued the cause and filed the briefs for petitioners.

Judith A. Albert, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were John S. Moot, General Counsel, and Robert H. Solomon, Solicitor.

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

Opinion for the Court filed by Chief Judge GINSBURG.

GINSBURG, Chief Judge.

Westar Energy, Inc. and its subsidiary Kansas Gas and Electric Company (collectively Westar) sought permission from the Federal Energy Regulatory Commission to file corrected transmission data for 2001 after the December 31, 2002 deadline for doing so. The Commission denied the request, even though it had accepted another utility's similarly corrected filing after the deadline. Westar...

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