WISCONSIN PUBLIC POWER INC. v. F.E.R.C.

Nos. 04-1414, 05-1006, 05-1007, 05-1198, 05-1203, 05-1358, 05-1427, 05-1428, 05-1429.

493 F.3d 239 (2007)

WISCONSIN PUBLIC POWER INC., Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent WPS Resources Corporation, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 20, 2007.


Attorney(s) appearing for the Case

Mark S. Hegedus argued the cause for petitioners Midwest Transmission Dependent Utilities and Wisconsin Public Power Inc. With him on the briefs were Cynthia S. Bogorad, David E. Pomper, Louis R. Cohen, Jonathan J. Frankel, Heather Zachary, and Michael R. Postar.

Jeffrey L. Landsman argued the cause for petitioners National Rural Electric Cooperative Association and Dairyland Power Cooperative on grandfathered agreement issues. With him on the briefs was Wallace F. Tillman.

John N. Estes, III argued the cause for petitioners Duke Energy Shared Services, Inc. and Xcel Energy Services Inc. With him on the briefs were Noel H. Symons, John L. Shepherd, Jr., J. Alexander Cooke, Floyd L. Norton, IV, Stephen M. Spina, and Joseph C. Hall.

Elizabeth E. Rylander, Attorney, and Judith A. Albert, Senior Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With them on the brief was Robert H. Solomon, Solicitor.

Stephen L. Teichler argued the cause for intervenor Midwest Independent Transmission System Operator, Inc. With him on the brief were Ilia Levitine and Stephen G. Kozey.

Cynthia S. Bogorad, David E. Pomper, Mark S. Hegedus, Louis R. Cohen, Jonathan J. Frankel, Heather Zachary, Jeffrey L. Landsman, Alan I. Robbins, and Debra D. Roby were on the brief for intervenors Wisconsin Public Power Inc., et al. in support of respondent.

John N. Estes, III, Noel H. Symons, and John L. Shepherd, Jr. were on the brief for intervenor Duke Energy Shared Services, Inc. in support of respondent.

Before: GINSBURG, Chief Judge, and GARLAND and KAVANAUGH, Circuit Judges.


Opinion for the Court filed PER CURIAM.

PER CURIAM:

The Midwest Independent System Operator, known as MISO, is a nonprofit corporation that controls the transmission of electricity over a grid spanning 15 Midwestern states. Its original tariff was approved by the Federal Energy Regulatory Commission and went into effect in 2002. Under that tariff's terms, MISO approved transmission requests, scheduled service, monitored the grid to manage congestion, and provided...

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