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NRG POWER MARKETING, LLC v. F.E.R.C.

No. 11-1201.

718 F.3d 947 (2013)

NRG POWER MARKETING, LLC, et al., Petitioners v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Consolidated Edison Company of New York, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 14, 2013.

Attorney(s) appearing for the Case

Robert C. Fallon argued the cause for petitioners. With him on the briefs were Nathan E. Endrud , Christopher O'Hara , and Abraham Silverman . Brian M. Meloy 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.

Paul M. Flynn argued the cause for intervenors. With him on the brief were Barry Stewart Spector , William Fielding Young , Tamara L. Linde , Richard L. Roberts , Neil H. Butterklee , and Donald Joseph Stauber . Kenneth R. Carretta entered an appearance.

Opinion for the Court filed by Senior Circuit Judge SENTELLE.

SENTELLE, Senior Circuit Judge:

In September 2010, the Federal Energy Regulatory Commission ("FERC") approved a settlement between PJM Interconnection, L.L.C. ("PJM"), the New York Independent System Operator, Inc. ("NYISO"), Consolidated Edison Company of New York, Inc. ("ConEd"), Public Service Electric & Gas Company ("PSE & G"), PSE & G Energy Resources & Trading L.L.C., and the New Jersey Board of Public Utilities. Order Approving Contested...

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