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WESTAR ENERGY, INC. v. F.E.R.C.

Nos. 08-1196, 08-1205.

568 F.3d 985 (2009)

WESTAR ENERGY, INC., et al., Petitioners v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided June 12, 2009.

Attorney(s) appearing for the Case

Martin J. Bregman argued the cause for petitioners. With him on the briefs were Donald K. Dankner, Raymond B. Wuslich, and Margaret H. Claybour.

Kathrine L. Henry, 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.

Opinion for the Court filed by Circuit Judge KAVANAUGH.

KAVANAUGH, Circuit Judge:

Exercising its statutory authority to ensure that rates for the sale of wholesale electric power are just and reasonable, the Federal Energy Regulatory Commission generally allows wholesale electricity sellers to sell at market-based rates — unless the wholesaler possesses market power in a particular region, in which case it must make sales at cost-based prices. FERC's approach raises the issue at the heart of this dispute: Suppose...

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