COUNCIL OF CITY OF NEW ORLEANS, LA. v. F.E.R.C.

Nos. 11-1043, 11-1044.

692 F.3d 172 (2012)

COUNCIL OF the CITY OF NEW ORLEANS, LOUISIANA, and Louisiana Public Service Commission, Petitioners v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Arkansas Public Service Commission, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 14, 2012.


Attorney(s) appearing for the Case

Michael R. Fontham argued the cause for petitioner Louisiana Public Service Commission. Daniel D. Barnowski argued the cause for petitioner Council of the City of New Orleans, Louisiana. With them on the briefs were Paul L. Zimmering , Noel J. Darce , Clinton A. Vince , William D. Booth , and Daniel D. Barnowski.   Jennifer A. Morrissey entered an appearance.

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

John S. Moot argued the cause for intervenors Entergy Services, Inc., et al. in support of respondent. With him on the brief were John Lee Shepherd Jr. , Andrea Weinstein , Mary W. Cochran , Paul Randolph Hightower , Chad James Reynolds , Dennis Lane , and Glen L. Ortman.

Opinion for the Court filed by Circuit Judge GRIFFITH.


GRIFFITH, Circuit Judge:

The Council of the City of New Orleans and the Louisiana Public Service Commission petition for review of an order of the Federal Energy Regulatory Commission allowing two companies to withdraw from a regional energy system agreement without paying exit fees not mentioned in the agreement. For the reasons set forth below, we deny the petitions.

I

The Entergy System Agreement (the...

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