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NORTHWESTERN CORP. v. F.E.R.C.

No. 16-1176.

884 F.3d 1176 (2018)

NORTHWESTERN CORPORATION, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent Montana Consumer Counsel, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 16, 2018.

Attorney(s) appearing for the Case

John Lee Shepherd, Jr. argued the cause for petitioner. With him on the briefs were Clifford M. Naeve , Washington, DC, James P. Danly , Washington, DC, Heather H. Grahame , Sioux Falls, SD, M. Andrew McLain , and Timothy T. Mastrogiacomo , Washington, DC.

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.

Christina F. Gomez , Denver, CO, argued the cause for intervenors. With her on the brief were Kathleen L. Mazure , Washington, DC, Thorvald A. Nelson , Greenwood Village, CO, and Michelle Brandt King , Greenwood Village, CO. John P. Coyle , Natalie M. Karas , Washington, DC, and Justin W. Kraske entered appearances.

Before: Kavanaugh and Wilkins, Circuit Judges, and Randolph, Senior Circuit Judge.

The Federal Energy Regulatory Commission requires utilities that transmit electricity to supply extra power generation in order to balance moment-to-moment variations in demand for electricity. Utilities must add power to, or withdraw power from, the grid in real time as actual demand for electricity exceeds or falls short...

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