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DYNEGY MIDWEST GENERATION, INC. v. F.E.R.C.

Nos. 09-1306, 09-1308.

633 F.3d 1122 (2011)

DYNEGY MIDWEST GENERATION, INC., Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. FirstEnergy Solutions Corp., et al., Interveners.

United States Court of Appeals, District of Columbia Circuit.

Decided February 11, 2011.

Attorney(s) appearing for the Case

James K. Mitchell and Ashley C. Parrish , argued the cause for petitioners. With them on the briefs was Neil L. Levy . A. Karen Hill and Michael J. Rustum entered appearances.

Lona T. Perry , Senior Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were Thomas R. Sheets , General Counsel, and Robert H. Solomon , Solicitor.

Jeffrey G. DiSciullo , Wendy N. Reed , and David S. Berman were on the brief for interveners Midwest ISO Transmission Owners in support of respondent.

Opinion for the court filed by Senior Circuit Judge WILLIAMS.

WILLIAMS, Senior Circuit Judge:

The petitioners own and operate power generation facilities that are part of the Midwest Independent System Operator ("ISO"), a regional transmission organization. The generators supply two kinds of power: (1) "real power" of the sort we are all familiar with and use for running motors, lighting lamps, etc.; and (2) "reactive power," a support service used to maintain adequate voltages to transmit real power, and to prevent damage such...

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