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OKLAHOMA GAS AND ELEC. CO. v. F.E.R.C.

No. 14-1281.

827 F.3d 75 (2016)

OKLAHOMA GAS AND ELECTRIC COMPANY, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Southwestern Public Service Company, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 1, 2016.

Attorney(s) appearing for the Case

Kenneth B. Driver argued the cause for petitioner and supporting intervenors. With him on the joint briefs were Stephen M. Spina , J. Daniel Skees , Barry S. Spector , Matthew J. Binette , Marvin T. Griff , Washington, DC, Linda G. Stuntz , Ellen S. Young , and Stephen J. Videto , Novi, MI.

Ross R. Fulton , Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief were Robert H. Solomon , Solicitor, and Lona T. Perry , Deputy Solicitor. Holly E. Cafer , Attorney, entered an appearance.

Michael R. Engleman , Washington, DC, was on the brief for intervenors LS Power Transmission, LLC and LSP Transmission Holdings, LLC in support of respondent.

Before: KAVANAUGH, MILLETT and WILKINS, Circuit Judges.

Until recently, incumbent public utilities were free to include in their tariffs and agreements "the option to construct any new transmission facilities in their particular service areas, even if the proposal for new construction came from a third party." S.C. Pub. Serv. Auth. v. FERC (South Carolina),

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