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IDAHO POWER CO. v. F.E.R.C.

Nos. 13-72220, 14-72384.

801 F.3d 1055 (2015)

IDAHO POWER COMPANY; Idacorp Energy Services Company, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, El Paso Marketing Company, LLC, fka El Paso Marketing, LP, fka El Paso Merchant Energy, LP; Exelon Generation Company, LLC, as successor to Constellation Energy Commodities Group, Inc.; Kamala D. Harris, Attorney General; Talen Energy Marketing, LLC; Talen Montana, LLC; People of the State of California; Public Utilities Commission of the State of California; Southern California Edison Company, Respondents-Intervenors. Idaho Power Company; Idacorp Energy Services Company, Petitioners, v. Federal Energy Regulatory Commission, Respondent, Talen Energy Marketing, LLC; Talen Montana, LLC, Respondents-Intervenors.

United States Court of Appeals, Ninth Circuit.

Filed September 4, 2015.

Attorney(s) appearing for the Case

Lawrence G. Acker (argued), Howard E. Shapiro , and Thomas G. Hutton , Van Ness Feldman, LLP, Washington, D.C.; Rex Blackburn and Brian R. Buckham , Idaho Power Company, Boise, ID, for Petitioners.

David L. Morenoff , General Counsel, Robert H. Solomon , Solicitor, Lona T. Perry and Susanna Y. Chu (argued), Deputy Solicitors, Washington, D.C., for Respondent Federal Energy Regulatory Commission.

Before: SIDNEY R. THOMAS, Chief Judge and M. MARGARET McKEOWN and RICHARD R. CLIFTON, Circuit Judges.

OPINION

These petitions call to mind the classic lyric: "You can check out any time you like, but you can never leave."1 Idaho Power Company and its subsidiary, IDACORP, Inc., (collectively, IDACORP), in an effort to conclude their role in the now-epic Federal Energy Regulatory Commission...

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