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NEW YORK v. F.E.R.C.

Docket No. 13-2316-ag.

783 F.3d 946 (2015)

People of the State of NEW YORK and The Public Service Commission of the State of New York, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, The American Public Power Association (APPA); The National Rural Electric Cooperative Association (NRECA); The Transmissions Access Policy Study Group (TAPS); The National Association of Regulatory Utility Commissioners (NARUC); Public Utility District No. 1 of Snohomish County, Washington; and North American Electric Reliability Corporation, Intervenors.

United States Court of Appeals, Second Circuit.

Decided: April 22, 2015.

Attorney(s) appearing for the Case

John C. Graham, Assistant Counsel ( Kimberly A. Harriman, General Counsel, on the brief), Public Service Commission of the State of New York, Albany, N.Y., for Petitioners.

Carol J. Banta, Senior Attorney ( David L. Morenoff, General Counsel; Robert H. Solomon, Solicitor, on the brief), Federal Energy Regulatory Commission, Washington, D.C., for Respondent.

James Bradford Ramsay, General Counsel; Holly Rachel Smith, Assistant General Counsel, National Association of Regulatory Utility Commissioners, Washington, D.C., for Intervenor National Association of Regulatory Utility Commissioners.

Ellen M. Dunn, Sutherland Asbill & Brennan LLP, New York, N.Y., for Intervenor North American Electric Reliability Corp.

Before: KEARSE, JACOBS, and RAGGI, Circuit Judges.

Judge JACOBS concurs in the judgment in a separate opinion.

The State of New York and the Public Service Commission of the State of New York (collectively, "New York") petition this court for review of two final orders of the Federal Energy Regulatory Commission ("FERC"), insofar as the orders adopt standards...

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