STATE CORP. COM'N OF KANSAS v. F.E.R.C.

No. 15-1447.

876 F.3d 332 (2017)

STATE CORPORATION COMMISSION OF the State of KANSAS, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent Midcontinent Independent System Operator, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided November 28, 2017.


Attorney(s) appearing for the Case

John P. Coyle , Washington, DC, argued the cause for petitioner. With him on the briefs was Amy E. McDonnell .

Beth G. Pacella , Deputy Solicitor, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were Robert H. Solomon , Solicitor, and Lona T. Perry , Deputy Solicitor.

Benjamin C. Mizer , Principal Deputy Assistant Attorney General at the time the brief was filed, U.S. Department of Justice, Charles W. Scarborough , and Mark W. Pennak , Attorneys, Washington, DC, were on the brief for intervenor Western Area Power Administration in support of respondent. Jeffrey A. Clair , Attorney, U.S. Department of Justice, entered an appearance.

Jeffrey C. Genzer , Eli D. Eilbott , William D. Booth , Valerie L. Green , and Thomas L. Blackburn , Washington, DC, were on the joint brief of intervenors Southwest Power Pool, Inc., et al. in support of respondent. Natalie M. Karas , Washington, DC, entered an appearance.

Before: Kavanaugh and Millett, Circuit Judges, and Williams, Senior Circuit Judge.


In 1996, to facilitate the unbundling of wholesale power generation from power transmission and thus the development of competitive wholesale power markets, the Federal Energy Regulatory Commission required that power utilities under its jurisdiction adopt open access transmission tariffs. Promoting Wholesale Competition...

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