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NRG POWER MARKETING, LLC v. F.E.R.C.

No. 15-1452 Consolidated with 15-1454.

862 F.3d 108 (2017)

NRG POWER MARKETING, LLC, and Genon Energy Management, LLC, Petitioners v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. PSEG Energy Resources & Trade LLC, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 7, 2017.

Attorney(s) appearing for the Case

John Lee Shepherd, Jr. , Washington, DC, argued the cause for petitioners. With him on the briefs were John N. Estes III , Paul F. Wight , Jeffrey A. Lamken , Washington, DC, Abraham Silverman , and Cortney Madea.

Carol J. Banta , Senior Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief was Robert H. Solomon , Solicitor.

Paul M. Flynn , Washington, DC, argued the cause for intervenors. With him on the brief were Ryan J. Collins , Jennifer H. Tribulski , Gary J. Newell , Larry F. Eisenstat , Richard Lehfeldt , Delia D. Patterson , Randolph Elliott , Paul M. Breakman , Scott H. Strauss , Jeffrey A. Schwarz , Stefanie Brand, Stuart A. Caplan , Richard M. Zuckerman , Christopher S. Porrino , Attorney General, Office of the Attorney General for the State of New Jersey, Carolyn McIntosh , Deputy Attorney General, Robert A. Weishaar, Jr. , and Adrienne E. Clair.   Dennis Lane , Washington, DC, entered an appearance.

Before: Brown and Kavanaugh, Circuit Judges, and Sentelle, Senior Circuit Judge.

Regional Transmission Organizations are non-profit entities that oversee the transmission of electricity from generators to utilities. Under Section 205 of the Federal Power Act and FERC's regulations, Regional Transmission Organizations file their proposed rate schemes with FERC. 16 U.S.C. § 824d(c); 18 C.F.R. §...

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