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VERSO CORP. v. F.E.R.C.

No. 15-1098 Consolidated with 16-1205 16-1212 16-1226 16-1228 16-1385 16-1388 16-1389 16-1391 16-1397 16-1404.

898 F.3d 1 (2018)

VERSO CORPORATION, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Marquette Board of Light and Power, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 31, 2018.

Attorney(s) appearing for the Case

David W. D'Alessandro argued the cause for petitioner Michigan Public Service Commission. William F. Demarest Jr. argued the cause for petitioners Tilden Mining Company L.C. and Empire Iron Mining Partnership. With them on the joint briefs were Kelly A. Daly , M. Denyse Zosa , Steven A. Neeley Jr. , Sylvia J.S. Bartell , Lauren D. Donofrio , Assistant Attorney General, Office of the Attorney General for the State of Michigan, Jennifer U. Heston , Saulius K. Mikalonis , Christopher R. Jones , Elizabeth W. Whittle , Thomas J. Waters , Christine C. Ryan , Phyllis G. Kimmel , Robert C. Fallon , and Andrew B. Young . Steven D. Hughey , Assistant Attorney General, Office of the Attorney General for the State of Michigan, Francis A. Taylor Jr. , and A. Hewitt Rose III , entered appearances.

Holly E. Cafer , Senior Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were James P. Danly , General Counsel, Robert H. Solomon , Solicitor, and Nicholas M. Gladd , Attorney.

William L. Massey argued the cause for intervenor Public Service Commission of Wisconsin. On the joint brief of intervenors were Cynthia S. Bogorad , David E. Pomper , Rory McGarry , Justin M. Vickers , Regina Y. Speed-Bost , and Debra Ann Palmer .

Before: Rogers, Srinivasan and Wilkins, Circuit Judges.

In Louisiana Public Service Commission v. Federal Energy Regulatory Commission, this Court affirmed FERC's denial of refunds in a cost-allocation case, upholding its discretion to deny refunds where a flaw in rate design caused the costs to be borne disproportionately among customers....

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