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ENTERGY SERVICES, INC. v. F.E.R.C.

No. 07-1343.

568 F.3d 978 (2009)

ENTERGY SERVICES, INC., Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent Arkansas Electric Cooperative Corporation, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 12, 2009.

Attorney(s) appearing for the Case

Floyd L. Norton IV argued the cause for petitioner. With him on the briefs was Erin M. Murphy.

Samuel Soopper, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief were Cynthia A. Marlette, General Counsel, and Robert H. Solomon, Solicitor.

Sean T. Beeny argued the cause for intervenor. With him on the brief were Phyllis G. Kimmel and Milton J. Grossman.

Opinion for the Court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge:

This petition for review challenges the Federal Energy Regulatory Commission's (FERC's) resolution of a contract dispute between Entergy Arkansas, Inc., an operating subsidiary of petitioner Entergy Services, Inc. ("Entergy"), and Arkansas Electric Cooperative Corporation ("Arkansas Electric"). Entergy contends that the plain language of the contract permits it to take into account transmission system operating constraints in determining the...

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