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IBERDROLA RENEWABLES, INC. v. F.E.R.C.

No. 08-1195.

597 F.3d 1299 (2010)

IBERDROLA RENEWABLES, Incorporated, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Alliance Pipeline L.P. and Interstate Natural Gas Association of America, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided February 26, 2010.

Attorney(s) appearing for the Case

Mark K. Lewis argued the cause and filed the briefs for petitioner.

Judith A. Albert, Senior 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.

Virginia A. Seitz argued the cause for intervenors. With her on the brief were Joan Dreskin, Dan Regan, Timm Abendroth, and William A. Williams.

Opinion for the Court filed by Circuit Judge GRIFFITH.

GRIFFITH, Circuit Judge.

Although set against the complicated regulatory framework of federal energy law, at the end of the day, this petition for review of Federal Energy Regulatory Commission (FERC) orders requires only our straightforward application of the plain terms of a written contract. The question is whether FERC arbitrarily or capriciously read a contract to allow a pipeline to change its rates without first obtaining FERC's approval. Because the contract...

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