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INDIANA UTILITY REGULATORY COM'N v. F.E.R.C.

No. 10-1313.

668 F.3d 735 (2012)

INDIANA UTILITY REGULATORY COMMISSION, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent American Public Power Association, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 17, 2012.

Attorney(s) appearing for the Case

Eric A. Eisen argued the cause and filed the briefs for petitioner.

Steven J. Ross and Steven T. Nourse were on the brief for intervenor American Electric Power Service Corporation in support of petitioner. Randolph L. Elliott entered an appearance.

Samuel Soopper , Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief was Robert H. Solomon , Solicitor.

Barry S. Spector and Paul M. Flynn were on the brief for intervenor PJM Interconnection, L.L.C. in support of respondent. Robert A. Weishaar Jr. entered an appearance.

Opinion for the Court filed by Circuit Judge GINSBURG.

GINSBURG, Circuit Judge:

The Indiana Utility Regulatory Commission petitions for review of an order of the Federal Energy Regulatory Commission approving the tariff of PJM Interconnection, L.L.C. We dismiss the petition insofar as it challenges the order on grounds the IURC did not raise with sufficient specificity in its request for rehearing by the Commission, 16 U.S.C. § 825l(b). In all other respects, we deny the petition because the IURC has not shown...

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