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

No. 07-1175.

551 F.3d 1042 (2008)

LOUISIANA PUBLIC SERVICE COMMISSION, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Arkansas Public Service Commission, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 30, 2008.

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.

Carol J. Banta, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were Cynthia A. Marlette, General Counsel, and Robert H. Solomon, Solicitor.

J. Wayne Anderson argued the cause for intervenors. On the brief were Mary Woodford Cochran, Paul Randolph Hightower, Ted Joseph Thomas, Clinton A. Vince, Orlando E. Vidal, William S. Scherman, and Gregory W. Camet. Emma F. Hand entered an appearance.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

Over the Louisiana Public Service Commission's objection, the Federal Energy Regulatory Commission approved a new long-term allocation of power-generating capacity among the affiliates of the Entergy system. In so doing, FERC interpreted the provision of the Entergy System Agreement that governs off-system sales as inapplicable to short-term opportunity sales. Aggrieved by FERC's decision approving the long-term, intra-system allocations and...

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