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

No. 17-1040 Consolidated with 17-1041.

898 F.3d 1254 (2018)

OLD DOMINION ELECTRIC COOPERATIVE, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. LSP Transmission Holdings, LLC, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 3, 2018.

Attorney(s) appearing for the Case

Jonathan S. Franklin argued the cause for petitioners. With him on the briefs were Michael A. Yuffee , Adrienne E. Clair , and Rebecca L. Shelton .

Larisa M. Vaysman and Michael R. Engleman were on the brief for intervenors LSP Transmission Holdings, LLC, et al. in support of petitioners.

Lona T. Perry , Deputy Solicitor, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief was Robert H. Solomon , Solicitor.

Morgan Parke , Stacey L. Burbure , Kenneth G. Jaffe , Neil H. Butterklee , Gary E. Guy , Amanda Riggs Conner , Randall V. Griffin , Richard P. Bress , David L. Schwartz , Vilna Waldron Gaston , and Sandra E. Rizzo were on the brief for intervenors FirstEnergy Companies, et al. in support of respondent. Kenneth R. Carretta and Elias G. Farrah entered appearances.

Before: Henderson, Kavanaugh, and Katsas, Circuit Judges.

In the past, electric utilities in the mid-Atlantic region have shared the costs of high-voltage transmission lines, which benefit the entire region. In 2015, some of these utilities proposed to eliminate cost sharing for projects undertaken only to satisfy an individual utility's planning criteria, including projects that...

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