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OLD DOMINION ELEC. COOPERATIVE v. F.E.R.C.

No. 16-1111.

892 F.3d 1223 (2018)

OLD DOMINION ELECTRIC COOPERATIVE, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Duke Energy Corporation, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 15, 2018.

Attorney(s) appearing for the Case

Adrienne Elizabeth Clair argued the cause for petitioner. With her on the briefs was Dennis Lane.

Susanna Y. Chu , Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were Robert H. Solomon , Solicitor, and Elizabeth E. Rylander , Attorney.

Joseph W. Mayes was on the brief for intervenor-movant Independent Market Monitor for PJM in support of respondent.

Before: Tatel, Griffith and Millett, Circuit Judges.

The weather conditions giving rise to this case may have been out of the ordinary, but the legal principles controlling its resolution are decidedly routine. In January 2014, a period of exceptionally cold temperatures, commonly referred to as a "Polar Vortex," descended on the Eastern United States. As temperatures plunged...

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