DUKE ENERGY CORPORATION, ET AL. v. F.E.R.C.

No. 16-1133.

892 F.3d 416 (2018)

DUKE ENERGY CORPORATION, ET AL., Petitioners v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent PJM Interconnection, L.L.C., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 15, 2018.


Attorney(s) appearing for the Case

Matthew Allen Fitzgerald argued the cause for petitioners. With him on the briefs were Noel H. Symons and Katlyn A. Farrell .

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

Jeffrey W. Mayes argued the cause for intervenor PJM Interconnection, L.L.C., and amicus curiae Independent Market Monitor for PJM. With him on the brief were Michael J. Thompson and Paul M. Flynn . Ryan J. Collins entered an appearance.

Opinion for the Court filed by Circuit Judge TATEL.


To prepare for a bitterly cold day during the January 2014 "polar vortex," Duke Energy Corporation, a generator of electricity, purchased exceptionally expensive natural gas, which it ended up not needing. Claiming that its regional transmission organization, PJM Interconnection, had directed it to purchase the gas and that...

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