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ESI ENERGY, LLC v. F.E.R.C.

No. 16-1342.

892 F.3d 321 (2018)

ESI ENERGY, LLC, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, PJM Interconnection, L.L.C. and West Deptford Energy, LLC, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 8, 2018.

Attorney(s) appearing for the Case

Larry F. Eisenstat argued the cause and filed the briefs for petitioner.

Nicholas M. Gladd , Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief were David L. Morenoff , General Counsel, and Robert H. Solomon , Solicitor.

Ashley C. Parrish argued the cause for intervenor for respondent West Deptford Energy, LLC. With him on the brief were Justin A. Torres , Neil L. Levy , and Stephanie S. Lim.

Before: Millett and Wilkins, Circuit Judges, and Edwards, Senior Circuit Judge.

For a second time, we consider the ramifications of a utility filing more than one rate with the Federal Energy Regulatory Commission ("FERC" or the "Commission") during the time in which the utility negotiates an agreement with a prospective customer. See W. Deptford Energy, LLC v. FERC, 766 F.3d 10...

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