EXELON WIND 1, L.L.C., formerly known as JD Wind 1, L.L.C.; Exelon Wind 2, L.L.C., formerly known as JD Wind 2, L.L.C.; Exelon Wind 3, L.L.C., formerly known as JD Wind 3, L.L.C.; Exelon Wind 4, L.L.C., formerly known as JD Wind 4, L.L.C.; Exelon Wind 5, L.L.C., formerly known as JD Wind 5, L.L.C.; Exelon Wind 6, L.L.C., formerly known as JD Wind 6, L.L.C., Plaintiffs-Appellees,
v.
Donna L. NELSON, in her official capacity as Chairman of the Public Utility Commission of Texas; Kenneth W. Anderson, Jr., in his official capacity as Commissioner of the Public Utility Commission of Texas; Rolando Pablos, in his official capacity as Commissioner of the Public Utility Commission of Texas, Defendants-Appellants,
Southwestern Public Service Company; Occidental Permian, Limited, Intervenors-Appellants.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
Andrew S. Oldham , Deputy Solicitor General Office of the Attorney General, Office of the Solicitor General, John Richard Hulme, Esq. , Assistant Attorney General, Office of the Attorney General, Austin, TX, for Defendants-Appellants.
This appeal addresses the Texas Public Utilities Commission's (PUC) interpretation and implementation of a federal statutory and regulatory scheme governing the purchase of energy between public utilities and certain energy production facilities known as Qualifying Facilities. Appellees are qualifying wind generation facilities collectively known as Exelon that challenged a state rule...
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