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LSP TRANSMISSION HOLDINGS, LLC v. SIEBEN

No. 18-2559.

954 F.3d 1018 (2020)

LSP TRANSMISSION HOLDINGS, LLC, Plaintiff-Appellant v. Katie SIEBEN, Commissioner, Minnesota Public Utilities Commission, each in his or her official capacity; Dan M. Lipschultz, Commissioner, Minnesota Public Utilities Commission, each in his or her official capacity; Matthew Schuerger, Commissioner, Minnesota Public Utilities Commission, each in his or her official capacity; John Tuma, Commissioner, Minnesota Public Utilities Commission, each in his or her official capacity; Valerie Means, Commissioner, Minnesota Public Utilities Commission, each in his or her official capacity; Steve Kelley, Commissioner, Minnesota Department of Commerce, each in his or her official capacity, Defendants-Appellees ITC Midwest LLC; Northern States Power Company, doing business as Xcel Energy, Intervenors below-Appellees United States Department of Justice, Amicus Curiae Iowa Department of Justice, Amicus on Behalf of Appellant(s). Great River Energy; Minnesota Power; Otter Tail Power Company; Southern Minnesota Municipal Power Agency; Edison Electric Institute, Amici on Behalf of Appellee(s).

United States Court of Appeals, Eighth Circuit.

Filed: March 25, 2020.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Erin Murphy , of Washington, DC. The following attorney(s) appeared on the appellant brief; Charles Nathan Nauen , of Minneapolis, MN, Paul D. Clement , of Washington, DC, David Joseph Zoll , of Minneapolis, MN, Rachel Kitze Collins , of Minneapolis, MN.

Counsel who presented argument on behalf of the appellees Lipschultz, Tuma, Schuerger , Sieben, Means and Kelley was Jason Marisam, AAG, of Saint Paul, MN.

An amicus brief in support of appellant was filed by the Iowa Department of Justice. Counsel appearing on this brief were Mark R. Schuling , Jennifer C. Easier , John S. Long , and Jeffrey J. Cook all of Des Moines, IA.

An amicus brief in support of neither party was filed by the United States of America and counsel on that brief were Kristen C. Limarzi , Robert B. Nicholson and Adam D. Chandler , Robert Potter , Daniel E. Haar and Matthew C. Mandelberg all with USDOJ, Antitrust Division, Washington, DC.

Aaron Daniel Van Oort , of Minneapolis, MN, presented argument for appellee Northern States Power Company. The following attorneys appeared on the brief of Northern States Power; Nathaniel J. Zylstra , Lauren W. Linderman , David Archer , Richard D. Snyder , Lisa M. Agrimonti and Leah C. Janus , all of Minneapolis, MN; Max J. Minzner and Matthew E. Price of Washington, DC.

The following attorney(s) appeared on the amicus brief in support of appellees of Great River Energy, Minnesota Power. Otter Tail Power Company and Southern Minnesota Municipal Power Agency; Harvey L. Reiter , of Washington, DC, David R. Moeller of Duluth, MN, Brian M. Meloy and Thomas C. Burman of Minneapolis, MN, Mark Bring of Fergus Falls, MN.

The following attorneys appeared on the amicus brief in support of appellees of The Edison Electric Institute; Samara Kline of Dallas, TX, Scott A. Keller , Marcia Hook and Emily Fisher of Washington, DC.

Before SMITH, Chief Judge, GRUENDER and BENTON, Circuit Judges.

LSP Transmission Holdings, LLC (LSP) filed this appeal against Minnesota's Public Utilities Commission and Department of Commerce; ITC Midwest, LLC (ITC); and Northern States Power Company doing business as Xcel Energy ("Xcel") (collectively, "Appellees"). LSP asserts that the district court1 erred...

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