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NEW ENGLAND POWER GENERATORS ASSOCIATION v. FERC

No. 16-1023. Consolidated with 16-1024.

879 F.3d 1192 (2018)

NEW ENGLAND POWER GENERATORS ASSOCIATION, INC., Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Dynegy Marketing and Trade, LLC, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 19, 2018.

Attorney(s) appearing for the Case

James E. Tysse , Washington, DC, argued the cause for petitioner. On the briefs were Suedeen G. Kelly , Washington, DC, John M. White , Washington, DC, and Bruce F. Anderson , Boston, MA.

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

Jason R. Marshall and Phyllis G. Kimmel , Washington, DC, were on the brief for intervenor New England States Committee on Electricity, Inc. in support of respondent.

Before: Griffith, Circuit Judge, and Sentelle and Randolph, Senior Circuit Judges.

The New England Power Generators Association petitions for review of two sets of orders of the Federal Energy Regulatory Commission concerning a scarcity pricing mechanism in the New England power market. ISO New Eng. Inc., 147 FERC ¶ 61,172 (2014) ("Tariff Order"), reh'g denied, 153 FERC...

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