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EAST KENTUCKY POWER CO-OP, INC. v. F.E.R.C.

No. 06-1003.

489 F.3d 1299 (2007)

EAST KENTUCKY POWER COOPERATIVE, INC., Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent Dairyland Power Cooperative, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 15, 2007.

Attorney(s) appearing for the Case

Alan I. Robbins argued the cause for petitioner. With him on the briefs was Elizabeth B. Teuwen.

Larissa A. Shamraj and Jeffrey L. Landsman were on the brief for intervenors Midwest Municipal Transmission Group and Dairyland Power Cooperative in support of petitioner. Robert A. Jablon entered an appearance.

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

Michael E. Small argued the cause for intervenors Midwest ISO Transmission Owners in support of respondents. With him on the briefs was Arnold B. Podgorsky. Andrew T. Swers and Wendy N. Reed entered appearances.

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

Opinion for the Court filed by Circuit Judge GRIFFITH.

GRIFFITH, Circuit Judge.

In petition for review, customers of a public utility challenge a decision of the Federal Energy Regulatory Commission ("FERC" or the "Commission") that approved new charges for electricity service. Petitioners argue that the Commission's decision to approve the charges was arbitrary and capricious because the services for which the charges were assessed are already covered in...

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