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BRAINTREE ELEC. LIGHT DEPT. v. F.E.R.C.

Nos. 09-1231, 10-1395.

667 F.3d 1284 (2012)

BRAINTREE ELECTRIC LIGHT DEPARTMENT, et al., Petitioners v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent ISO New England Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided February 7, 2012.

Attorney(s) appearing for the Case

John P. Coyle argued the cause for petitioners. With him on the briefs were Scott H. Strauss and Jeffrey A. Schwarz .

Carol J. Banta , Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief was Robert H. Solomon , Solicitor.

Carmen L. Gentile and Mary E. Gover were on the brief for intervenor NSTAR Electric Company in support of respondent.

Opinion for the Court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge:

Braintree Electric Light Department and other municipally owned utilities in southeastern Massachusetts petition for review of four orders of the Federal Energy Regulatory Commission (FERC). The orders denied the petitioners' claim that they were being unjustly charged in order to ensure system reliability on Cape Cod. The dispute was first addressed in a FERC-approved settlement agreement that reserved certain litigation rights to the petitioners...

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