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NATIONAL ASS'N OF REGULATORY UTILITY v. F.E.R.C.

Nos. 04-1148, 04-1149, 04-1152, 05-1050, 05-1292.

475 F.3d 1277 (2007)

NATIONAL ASSOCIATION OF REGULATORY UTILITY COMMISSIONERS, et al., Petitioners v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent Tenaska, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 12, 2007.

Attorney(s) appearing for the Case

Laurence G. Chaset argued the cause for Governmental Petitioners. With him on the briefs were James Bradford Ramsay, Thomas D. Samford, IV, Arocles Aguilar, Aubrey Williams Turner, Jr., Gisele Lunsford Rankin, Florence P. Belser, and Robert D. Cedarbaum.

Andrew W. Tunnell argued the cause for Utility Petitioners. With him on the brief were S. Chris Still, Kevin A. McNamee, Neil H. Butterklee, John D. McGrane, Heath K. Knakmuhs, and Antoine P. Cobb.

Lona T. Perry, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were Robert H. Solomon, Solicitor, and Samuel Soopper, Attorney.

Ashley C. Parrish argued the cause for intervenors Tenaska, Inc., et al. With him on the briefs were Neil L. Levy, Jennifer L. Key, Glen L. Ortman, Harvey L. Reiter, and Jonathan D. Schneider. Gregory O. Olaniran entered an appearance.

Before: SENTELLE, Circuit Judge, and EDWARDS and WILLIAMS, Senior Circuit Judges.

Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

Opinion dissenting in part filed by Circuit Judge SENTELLE.

WILLIAMS, Senior Circuit Judge.

In 1996 the Federal Energy Regulatory Commission issued Order No. 888 in the hopes of fostering competition in the electric generating industry. Such competition clearly depended on generators' having adequate means of getting their power to market. FERC...

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