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TNA MERCHANT PROJECTS, INC. v. F.E.R.C.

No. 13-1008 Consolidated with 15-1320, 16-1009.

857 F.3d 354 (2017)

TNA MERCHANT PROJECTS, INC., Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Bonneville Power Administration, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

May 19, 2017.

Attorney(s) appearing for the Case

James K. Mitchell , Washington, DC, argued the cause and filed the cause for petitioner.

Susanna Y. Chu , Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief was Robert H. Solomon , Solicitor.

J. Courtney Olive , Special Assistant U.S. Attorney, Bonneville Power Administration, argued the cause for intervenor. With him on the brief was Jennifer A. Gingrich , Attorney Advisor. Barbara C. Biddle and Jeffrey A. Clair , Attorneys, U.S. Department of Justice, and Mary K. Jensen , Attorney, Bonneville Power Administration, entered appearances.

Before: Pillard, Circuit Judge, and Edwards and Sentelle, Senior Circuit Judges.

In 2008 the Federal Energy Regulatory Commission ("FERC" or "Commission") invoked Section 205 of the Federal Power Act (the "Act" or "FPA") to order Chehalis Power Generating, L.P., ("Chehalis") to refund a portion of the rates it had charged a customer because they were not just and reasonable. Several years later...

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