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MISO TRANSMISSION OWNERS v. F.E.R.C.

No. 16-3791.

860 F.3d 837 (2017)

MISO TRANSMISSION OWNERS, Petitioner, Midcontinent Independent System Operator, Inc., Intervenor, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Duke Energy Ohio, Inc. and Duke Energy Kentucky, Inc.; FirstEnergy Service Company, Intervenors.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 21, 2017.

Attorney(s) appearing for the Case

ON BRIEF: Michael J. Thompson , Wendy N. Reed , Patrick L. Morand , WRIGHT & TALISMAN, P.C., Washington, D.C., for Petitioners. Carol J. Banta , FEDERAL ENERGY REGULATORY COMMISSION, Washington, D.C., for Respondent. Noel Symons , McGUIRE WOODS LLP, Washington, D.C., Matthew Allen Fitzgerald , McGUIRE WOODS LLP, Richmond, Virginia, for Duke Intervenors. Morgan E. Parke , Stacey Burbure , Karen Anita Sealy , FIRSTENERGY CORPORATION, Akron, Ohio, John Lee Shepherd, Jr. , Timothy T. Mastrogiacomo , James P. Danly , SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP, Washington, D.C., for Intervenor FirstEnergy.

Before: KEITH, BATCHELDER, and SUTTON, Circuit Judges.

OPINION

Midcontinent Independent System Operator, Inc., is a non-profit association of utilities that manages electrical transmission facilities on behalf of its members. Under its well-earned acronym, MISO approves infrastructure projects and allocates the costs among its member utilities in order to maintain the...

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