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PJM POWER PROVIDERS GROUP v. F.E.R.C.

No. 15-1453, Consolidated with 15-1455.

880 F.3d 559 (2018)

PJM POWER PROVIDERS GROUP, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. PJM Interconnection, LLC, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 26, 2018.

Attorney(s) appearing for the Case

Kenneth R. Carretta , Newark, NJ, argued the cause for petitioners. With him on the briefs were Cara J. Lewis and John L. Shepherd Jr. , John N. Estes III and Paul F. Wight , Washington, DC, entered appearances.

Anand R. Viswanathan , Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief was Robert H. Solomon , Solicitor. Lisa B. Luftig , Attorney, entered an appearance.

Paul M. Flynn , Washington, DC, argued the cause for intervenors. With him on the brief were Jennifer H. Tribulski , Ryan J. Collins , Adrienne E. Clair , Robert A. Weishaar Jr. , Gary J. Newell , Washington, DC, Christopher S. Porrino , Attorney General, Office of the Attorney General for the State of New Jersey, and Carolyn McIntosh , Deputy Attorney General. Dennis Lane and Alex Moreau , Deputy Attorney General, Office of the Attorney General for the State of New Jersey, entered appearances.

Before: Garland, Chief Judge, Wilkins, Circuit Judge, and Edwards, Senior Circuit Judge.

Congress has given the Federal Energy Regulatory Commission (FERC) authority to regulate the transmission and sale at wholesale of electric energy in interstate commerce. 16 U.S.C. § 824(a), (b). FERC tasks certain non-profit entities, known as regional transmission organizations, with managing the transmission of electricity...

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