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LOUISVILLE GAS & ELECTRIC COMPANY v. FERC

No. 19-4225.

988 F.3d 841 (2021)

LOUISVILLE GAS & ELECTRIC COMPANY; Kentucky Utilities Company, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, City Utility Commission of the City of Owensboro, Kentucky, Intervenor.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 17, 2021.

Attorney(s) appearing for the Case

ARGUED: Matthew C. Blickensderfer , FROST BOWN TODD LLC, Cincinnati, Ohio, for Petitioners. Carol J. Banta , FEDERAL ENERGY REGULATORY COMMISSION, Washington, D.C., for Respondent. David E. Pomper , SPIEGEL & MCDIARMID LLP, Washington, D.C., for Intervenor. ON BRIEF: Matthew C. Blickensderfer , FROST BOWN TODD LLC, Cincinnati, Ohio, Jason P. Renzelmann , FROST BROWN TODD LLC, Louisville, Kentucky, for Petitioners. Carol J. Banta , FEDERAL ENERGY REGULATORY COMMISSION, Washington, D.C., for Respondent. David E. Pomper , Thomas C. Trauger , SPIEGEL & McDIARMID LLP, Washington, D.C., Patrick D. Pace , KAMUF, PACE & KAMUF, Owensboro, Kentucky, for Intervenor.

Before: BOGGS, STRANCH, and THAPAR, Circuit Judges.

OPINION

When you skip over the basics, things get complicated. At its core, this is a straightforward case of contract interpretation. But rather than address the operative text, the Federal Energy Regulatory Commission began with other portions of the contract and treated the matter as an invitation to make complex...

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