COALITION FOR COMPETITIVE ELECTRICITY, DYNERGY INC., Eastern Generation, LLC, Electric Power Supply Association, NRG Energy, Inc., Roseton Generating LLC, Selkirk Cogen Partners, L.P., Plaintiffs-Appellants,
v.
Audrey ZIBELMAN, in her Official Capacity as Chair of the New York Public Service Commission, Patricia L. Acampora, in her Official Capacity as Commissioner of the New York Public Service Commission, Gregg C. Sayre, in his Official Capacity as Chair of the New York Public Service Commission Diane X. Burman, in her Official Capacity as Commissioner of the New York Public Service Commission, Defendants-Appellees,
Exelon Corp., R.E. Ginna Nuclear Power Plant LLC, Constellation Energy Nuclear Group, LLC, Nine Mile Point Nuclear Station LLC, Intervenor-Defendants-Appellees.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Aaron M. Panner , Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C., Washington, DC, for amici curiae Energy Economists, in support of Plaintiffs-Appellants.
Ben Norris , American Petroleum Institute, Washington, DC; Dena Wiggins , Natural Gas Supply Association, Washington, DC, for amici curiae American Petroleum Institute, Natural Gas Supply Association in support of Plaintiffs-Appellants.
Jeffrey W. Mayes , General Counsel, Monitoring Analytics, LLC, Eagleville, Pennsylvania, for amicus curiae Independent Market Monitor for PJM, in support of Plaintiffs-Appellants.
Ari Peskoe , Harvard Law School Environmental Policy Initiative, Cambridge, Massachusetts, for amici curiae Electricity Regulation Scholars in support of Defendants-Appellees.
Richard L. Revesz ( Bethany A. Davis Noll , Avi Zevin , on the brief), Institute for Policy Integrity at New York University School of Law, New York, New York, for amicus curiae Institute for Policy Integrity, in support of Defendants-Appellees.
Thomas Zimpleman ( Miles Farmer , on the brief), Natural Resources Defense Council, Washington, DC; Michael Panfil , Environmental Defense Fund, Washington, DC, for amici curiae Natural Resources Defense Council, Environmental Defense Fund, in support of Defendants-Appellees.
Jonathan M. Rund ( Ellen C. Ginsberg , on the brief), Nuclear Energy Institute, Washington, DC, for amicus curiae Nuclear Energy Institute, in support of Defendants-Appellants.
Samuel T. Walsh , Harris, Wiltshire & Grannis LLP, Washington, DC, for amici curiae Independent Economists, in support of Defendants-Appellees.
Julia Dreyer ( Gene Grace , on the brief), American Wind Energy Association, Washington, DC, for amicus curiae American Wind Energy Association, in support of neither party.
Before: Jacobs, Livingston, Circuit Judges, Chen, District Judge.
Dennis Jacobs, Circuit Judge:
Plaintiffs, a group of electrical generators and trade groups of electrical generators, appeal from a judgment of the United States District Court for the Southern District of New York (Caproni, J.) granting Defendants' Rule 12(b)(6) motions to dismiss. In August 2016, the New York Public Service...
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