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MISSOURI RIVER ENERGY SERVICES v. F.E.R.C.

No. 18-1166.

918 F.3d 954 (2019)

MISSOURI RIVER ENERGY SERVICES, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Basin Electric Power Cooperative, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 15, 2019.

Attorney(s) appearing for the Case

Lawrence G. Acker argued the cause for petitioner. With him on the briefs were Philip W. Mone and Gabriel L. Tabak .

Jared B. Fish , Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief were James P. Danly , General Counsel, and Robert H. Solomon , Solicitor. Carol J. Banta , Attorney, entered an appearance.

William D. Booth argued the cause for intervenors. With him on the joint brief was David D'Alessandro . Jonathan P. Trotta and Marie Denyse Zosa entered appearances.

Before: Garland, Chief Judge, Srinivasan, Circuit Judge, and Silberman, Senior Circuit Judge.

In 2015, Missouri River Energy Services, a collection of municipal entities, became a member of the Southwest Power Pool. Missouri River claimed it should be exempt from certain charges assessed by the Pool, and the parties submitted the dispute to the Federal Energy Regulatory Commission. FERC sustained the charges, and...

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