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PNE ENERGY SUPPLY LLC v. EVERSOURCE ENERGY

No. 19-1678.

974 F.3d 77 (2020)

PNE ENERGY SUPPLY LLC, on behalf of itself and all others similarly situated, Plaintiff, Appellant, v. EVERSOURCE ENERGY, a Massachusetts Voluntary Association; Avangrid, Inc., a New York Corporation, Defendants, Appellees.

United States Court of Appeals, First Circuit.

September 9, 2020.

Attorney(s) appearing for the Case

Austin B. Cohen , Philadelphia, PA, Keith J. Verrier , Levin Sedran & Berman LLP, Anthony Tarricone , and Kreindler & Kreindler LLP, Boston, MA, on brief for appellant.

Mark A. Gottlieb , Public Health Advocacy Institute, Sandeep Vaheesan , Open Markets Institute, Paula S. Bliss , and Bernheim Dolinsky Kelley LLC, Fort Lauderdale, FL, on brief for Open Markets Institute, amicus curiae.

Douglas G. Green , Shannen W. Coffin , Washington, DC, Mark C. Savignac , Steptoe & Johnson LLP, John D. Donovan, Jr. , Boston, MA, Chong S. Park , Washington, DC, and Ropes & Gray LLP, on joint brief for appellee Eversource Energy.

Richard P. Bress , Marguerite M. Sullivan , Washington, DC, Caroline A. Flynn , and Latham & Watkins LLP on joint brief for appellee Avangrid, Inc.

Before Thompson, Lipez, and Kayatta, Circuit Judges.

In 2017, a group of economists working with the Environmental Defense Fund published a report alleging that the defendants in this case were able to increase electricity prices in New England about 20% on average, totaling $3.6 billion in surcharges over three years between 2013 and 2016, by buying up and refusing to release...

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