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SOUTHWEST POWER POOL v. ENERGY REGULATORY COM.

No. 12-1158.

736 F.3d 994 (2013)

SOUTHWEST POWER POOL, INC., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, American Electric Power Corporation, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 3, 2013.

Attorney(s) appearing for the Case

Barry S. Spector argued the cause for petitioner. With him on the briefs was Jeffrey G. DiSciullo.   Ryan J. Collins entered an appearance.

Sean T. Beeny , Barry Cohen , Amanda Riggs Conner , N. Beth Emery , Noel Symons , Lisa Sharp , David W. D'Alessandro , M. Denyse Zosa , Gary Newell , and Rebecca Sterzinar were on the brief for joint intervenors in support of petitioner. Matthew A. Fitzgerald entered an appearance.

Carol J. Banta , Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were David L. Morenoff , Acting General Counsel, and Robert H. Solomon , Solicitor.

Stephen L. Teichler argued the cause for intervenors Midwest Independent Transmission System Operator, Inc. and Entergy Services, Inc. in support of respondents. With him on the brief were Ilia Levitine , John S. Moot , and Gregory W. Camet.

Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

WILLIAMS, Senior Circuit Judge:

This dispute between two regional transmission organizations ("RTOs") turns on the interpretation of a single contract provision. The Federal Energy Regulatory Commission resolved the conflict against petitioner Southwest Power Pool ("SPP"). Applying both the Administrative Procedure Act and the "Chevron-like analysis" that governs review of such an interpretation, Colorado Interstate Gas Co. v. FERC, 599...

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