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BALTIMORE GAS AND ELECTRIC COMPANY v. FERC

No. 18-1298.

954 F.3d 279 (2020)

BALTIMORE GAS AND ELECTRIC COMPANY, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent Maryland Office of People's Counsel and Maryland Public Service Commission, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 27, 2020.

Attorney(s) appearing for the Case

Matthew E. Price , Washington, DC, argued the cause and filed the briefs for petitioner.

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.

Stephen C. Pearson , Washington, DC, argued the cause for intervenors. With him on the brief were Miles H. Mitchell , Washington, DC, Ransom E. Davis , Paula M. Carmody , Baltimore, MD, William F. Fields , Joseph G. Cleaver , Owings Mills, MD, and Scott H. Strauss , Washington, DC.

Dissenting Opinion filed by Senior Circuit Judge Williams with respect to Part III.

This case arises out of the Federal Energy Regulatory Commission's effort to apply its "matching" principles to divergences between the timing of deductions for tax purposes and timing for purposes of allocating costs to ratepayers. While Congress and other bodies imposing...

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