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WEST DEPTFORD ENERGY, LLC v. F.E.R.C.

No. 12-1340.

766 F.3d 10 (2014)

WEST DEPTFORD ENERGY, LLC, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent FPL Energy Marcus Hook, L.P. and PJM Interconnection, L.L.C., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 26, 2014.

Attorney(s) appearing for the Case

Ashley C. Parrish argued the cause for petitioner. With him on the briefs were Karen F. Grohman , Neil L. Levy , and Stephanie S. Lim.

Holly E. Cafer , Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. On the brief were David L. Morenoff , Acting General Counsel, Robert H. Solomon , Solicitor, and Beth G. Pacella , Senior Attorney.

Paul M. Flynn argued the cause for intervenors. With him on the brief were Barry S. Spector , Jennifer H. Tribulski , and Stephen L. Huntoon.

Opinion for the Court filed by Circuit Judge MILLETT.

MILLETT, Circuit Judge:

The Federal Power Act requires regulated utilities to file with the Federal Energy Regulatory Commission, as a matter of open and accessible public record, any rates and charges they intend to impose for sales of electrical energy that are subject to the Commission's jurisdiction. See 16 U.S.C. § 824d(c). As a consequence, utilities are forbidden to charge any rate other than the one on file with the Commission, a prohibition that...

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