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EXXON MOBIL CORP. v. F.E.R.C.

Nos. 07-1306, 07-1309, 07-1310, 07-1335, 07-1351.

571 F.3d 1208 (2009)

EXXON MOBIL CORPORATION, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent Southern Company Services, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 7, 2009.

Attorney(s) appearing for the Case

Ashley C. Parrish and William R. Mapes Jr. argued the causes for Generator Petitioners. With them on the briefs was Neil L. Levy. Marc C. Johnson entered an appearance.

Scott B. Grover argued the cause for Utility Petitioners. With him on the briefs were S. Chris Still and Kevin A. McNamee.

Thomas D. Samford IV was on the brief for intervenor Alabama Public Service Commission in support of Utility Petitioners.

Samuel Soopper, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. On the brief were Cynthia A. Marlette, General Counsel, Robert H. Solomon, Solicitor, and Beth G. Pacella, Senior Attorney.

William R. Mapes Jr., Neil L. Levy, and Ashley C. Parrish were on the brief for Generator Intervenors.

Joshua Z. Rokach, Erin M. Murphy, S. Chris Still, and Scott B. Grover were on the brief for Utility Intervenors. Lyle D. Larson entered an appearance.

Opinion for the Court filed by Circuit Judge GRIFFITH.

GRIFFITH, Circuit Judge:

Here we review the competing claims of six independent electric power generators and three public utility companies, each dissatisfied with the manner in which the Federal Energy Regulatory Commission resolved an unusual problem involving an application of its interconnection pricing policies. The Generators filed complaints with FERC, seeking to recover from several utilities funds paid to cover the cost to interconnect to the utilities'...

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