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

No. 16-1305.

891 F.3d 377 (2018)

ARKANSAS PUBLIC SERVICE COMMISSION, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent Entergy Services, Inc., et a., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 1, 2018.


Attorney(s) appearing for the Case

Dennis Lane argued the cause for petitioner. With him on the briefs were Glen L. Ortman , John E. McCaffrey , and Randolph Hightower . Marie Denyse Zosa entered an appearance.

Gregory W. Camet , Mark Strain , and Marnie A. McCormick were on the briefs for intervenor Entergy Services, Inc. in support of petitioner. Megan E. Vetula entered an appearance.

Lona T. Perry , Deputy Solicitor, 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. Anand Viswanathan , Attorney, entered an appearance.

David E. Pomper argued the cause for intervenors Louisiana Public Service Commission, et al. With him on the brief were Stephen Charles Pearson , Michael R. Fontham , Noel J. Darce , Dana Shelton , Justin A. Swaim , Clinton Andrew Vince , Presley Randolph Reed Jr. , Jennifer Anne Morrissey , and Chad James Reynolds . Paul L. Zimmering entered an appearance.

Before: Henderson and Wilkins, Circuit Judges, and Sentelle, Senior Circuit Judge.


The Arkansas Public Service Commission petitions for review of a Federal Energy Regulatory Commission ("FERC") final order. Entergy Servs., Inc., 154 FERC ¶ 61,173 (Mar. 4, 2016), reh'g denied in part and granted in part, 156 FERC ¶ 61,112 (Aug. 16, 2016). In the order under review, FERC held...

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