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

No. 16-1382.

883 F.3d 929 (2018)

LOUISIANA PUBLIC SERVICE COMMISSION, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent Arkansas Public Service Commission And Entergy Services, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 6, 2018.


Attorney(s) appearing for the Case

Michael R. Fontham , New Orleans, LA, argued the cause for petitioner. With him on the briefs were Noel J. Darce , Dana M. Shelton , and Justin A. Swaim , New Orleans, LA. Paul L. Zimmering , New Orleans, LA, entered an appearance.

Holly E. Cafer , Senior Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were David L. Morenoff , General Counsel, and Robert H. Solomon , Solicitor.

Clifford M. Naeve , Washington, DC, argued the cause for intervenors. With him on the brief were Gerard A. Clark , Washington, DC, Matthew W.S. Estes , Washington, DC, Gregory W. Camet , New Orleans, LA, Glen Ortman , Washington, DC, Dennis Lane , and Paul Randolph Hightower , Little Rock, AR. Jennifer S. Amerkhail entered an appearance.

Before: Garland, Chief Judge, Rogers, Circuit Judge, and Williams, Senior Circuit Judge.


After finding a rate unjust and unreasonable under § 206 of the Federal Power Act, 16 U.S.C. § 824e, the Federal Energy Regulatory Commission sets a new just and reasonable rate to take effect for the future. In addition, the Commission "may order" refunds for a...

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