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NEBRASKA PUBLIC POWER DISTRICT v. FERC

No. 19-1553.

957 F.3d 932 (2020)

NEBRASKA PUBLIC POWER DISTRICT, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. GridLiance High Plains LLC; Southwest Power Pool; Tri-State Generation & Transmission Assn., Intervenors. Edison Electric Institute, Amicus on Behalf of Petitioner.

United States Court of Appeals, Eighth Circuit.

Filed: April 30, 2020.

Attorney(s) appearing for the Case

David D'Alessandro , Jonathan Peter Trotta , Marie Denyse Zosa , STINSON LLP, Washington, DC, for Petitioner.

Matthew Estes , Robert Michael Kennedy, Jr. , Robert Harris Solomon , Solicitor, FEDERAL ENERGY REGULATORY COMMISSION, Office of General Counsel, Washington, DC, for Respondent.

Glenn Benson , BAKER & HOSTETLER, Washington, DC, N. Beth Emery , HUSCH & BLACKWELL, San Antonio, TX, for Intervenor GridLiance High Plains LLC.

Matthew Joseph Binette , WRIGHT & TALISMAN, Washington, DC, for Intervenor Southwest Power Pool.

Lawrence C. Friedman , THOMPSON & COBURN, Saint Louis, MO, Jesse Halpern , THOMPSON & COBURN, Washington, DC, for Intervenor Tri-State Generation & Transmission Assn.

Emily Fisher , EDISON ELECTRIC, Washington, DC, Matthew Allen Fitzgerald , MCGUIRE & WOODS, Richmond, VA, Carrie Mobley , Noel H. Symons , MCGUIRE & WOODS, Washington, DC, for Amicus on Behalf of Petitioner Edison Electric Institute.

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

Southwest Power Pool (SPP) is a Regional Transmission Organization (RTO) authorized by the Federal Energy Regulatory Commission (FERC) to provide electric transmission services across a multi-state region. Under SPP's license-plate rate design,1 SPP is divided into different zones, and customers in...

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