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LOUISIANA PUBLIC SERVICE COM'N v. F.E.R.C.

No. 14-1063.

866 F.3d 426 (2017)

LOUISIANA PUBLIC SERVICE COMMISSION, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Mississippi Public Service Commission, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 8, 2017.

Attorney(s) appearing for the Case

Michael R. Fontham , New Orleans, LA argued the cause for petitioner. With him on the briefs were Paul L. Zimmering and Noel J. Darce , New Orleans, LA.

Lona T. Perry , Deputy Solicitor, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief was Robert H. Solomon , Solicitor.

Clifford M. Naeve , Washington, DC argued the cause for intervenors supporting respondent. On the brief were John S. Moot , Matthew W.S. Estes , Gregory W. Camet , Glen Ortman , Dennis Lane , Washington, DC and Paul Randolph Hightower , Little Rock, AR. Adrienne E. Clair , Washington, DC entered an appearance.

Before: Rogers, Kavanaugh and Wilkins, Circuit Judges.

This case continues a lengthy saga of litigation dealing with the allocation of production costs among Entergy Corporation's utility operating companies ("Operating Companies"). During the period relevant here, Entergy1 sold electricity, both wholesale and retail, in Arkansas, Louisiana, Mississippi...

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