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FLORIDA MUNICIPAL POWER AGENCY v. F.E.R.C.

No. 09-1060.

602 F.3d 454 (2010)

FLORIDA MUNICIPAL POWER AGENCY, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Florida Power & Light Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided April 16, 2010.

Attorney(s) appearing for the Case

Robert A. Jablon argued the cause for petitioner. With him on the briefs were Daniel I. Davidson, Peter J. Hopkins, and Rebecca J. Baldwin.

Holly E. Cafer, 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.

Clifford (Mike) Naeve argued the cause for intervenor. With him on the brief were Kathryn Kavanagh Baran and Stephen L. Huntoon.

Opinion for the Court by Circuit Judge ROGERS.

ROGERS, Circuit Judge.

The Florida Municipal Power Agency ("Florida Municipal") petitions for review of two orders of the Federal Energy Regulatory Commission ("FERC") regarding the rate base for network transmission service using the facilities of Florida Power & Light Company ("Florida Power"). Florida Municipal resists the conclusion that the comparability principle, under which FERC applies the same integration standard to Florida Municipal and Florida Power...

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