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UTILITY WORKERS UNION OF AMERICA LOCAL 464 v. FERC

No. 16-1068, Consolidated with 16-1408.

896 F.3d 573 (2018)

UTILITY WORKERS UNION OF AMERICA LOCAL 464 and Robert Clark, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. CPV Towantic, LLC and New England Power Generators Association, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 24, 2018.

Attorney(s) appearing for the Case

Daniel J. Sponseller argued the cause and filed the briefs for petitioners.

Ross R. Fulton , Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. On the brief were David L. Morenoff , General Counsel, Robert H. Solomon , Solicitor, and Nicholas M. Gladd , Attorney.

Before: Rogers, Millett and Pillard, Circuit Judges.

Petitioners challenge the failure of the Federal Energy Regulatory Commission (FERC or Commission) to account for the effect on electricity prices of the permanent retirement of the Brayton Point Power Station, a coal-fired electric plant in Somerset, Massachusetts. Brayton Point's owners announced the closure just before...

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