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LOUISIANA PUBLIC SERVICE COM'N v. F.E.R.C.

No. 05-1161.

482 F.3d 510 (2007)

LOUISIANA PUBLIC SERVICE COMMISSION, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent Entergy Services, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided April 3, 2007.

Attorney(s) appearing for the Case

Michael R. Fontham argued the cause for petitioner. With him on the briefs were Paul L. Zimmering and Noel J. Darce.

Robert H. Solomon, Solicitor, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief was Monique L. Watson, Attorney.

Mary W. Cochran argued the cause for intervenors Arkansas Public Service Commission, et al. With her on the brief were Paul R. Hightower, Clinton A. Vince, J. Cathy Fogel, Paul E. Nordstrom, George M. Fleming, William S. Scherman, J. Wayne Anderson, and Gregory W. Camet.

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

Opinion for the Court filed by Chief Judge GINSBURG.

GINSBURG, Chief Judge.

The Louisiana Public Service Commission (Louisiana) petitions for review of an order of the Federal Energy Regulatory Commission (1) permitting Entergy Corporation to phase interruptible load out of its calculation of peak load, which it uses to equalize capacity costs for its Operating Company subsidiaries; (2) refusing to order those Operating Companies that benefitted from inclusion...

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