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SOUTHWESTERN POWER v. FEDERAL ENERGY REGULATORY

No. 13-1033.

763 F.3d 27 (2014)

SOUTHWESTERN POWER ADMINISTRATION, et al., Petitioners v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent Mid-West Electric Consumers Association, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 22, 2014.

Attorney(s) appearing for the Case

Henry C. Whitaker , Attorney, U.S. Department of Justice, argued the cause for petitioners. With him on the briefs were Stuart F. Delery , Acting Assistant Attorney General, Ronald C. Machen Jr. , U.S. Attorney, and Michael S. Raab , Attorney.

Sherry Quirk , David Fitzgerald , Jeffrey C. Genzer , and Kristen Connolly McCullough were on the brief for intervenors Mid-West Electric Consumers Association, et al. in support of petitioners. Monica M. Berry entered an appearance.

Lona T. Perry , Senior 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.

Rebecca J. Michael and Sonia C. Mendonça were on the brief for intervenor North American Electric Reliability Corporation in support of respondent. Meredith M. Jolivert entered an appearance.

Opinion for the Court filed by Circuit Judge SRINIVASAN.

SRINIVASAN, Circuit Judge:

Section 215(b)(1) of the Federal Power Act grants the Federal Energy Regulatory Commission jurisdiction over "all users, owners and operators of the bulk-power system ... for purposes of approving reliability standards ... and enforcing compliance." The terms of that provision specify that the group of "users, owners and operators" generally subjected to the Commission's jurisdiction "include[s]" the United States. A different provision...

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