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INTERNATIONAL TRANSMISSION COMPANY v. FERC

No. 19-1190.

988 F.3d 471 (2021)

INTERNATIONAL TRANSMISSION COMPANY, et al., Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. American Municipal Power, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided February 19, 2021.

Attorney(s) appearing for the Case

Aaron M. Streett argued the cause for petitioners. With him on the briefs were Jay Ryan , Washington, DC, and J. Mark Little.

Carol J. Banta , Senior Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were David L. Morenoff , Acting General Counsel, and Robert H. Solomon , Solicitor. Lona T. Perry , Deputy Solicitor, entered an appearance.

Gerit F. Hull , Daniel R. Simon , Omar Bustami , Robert A. Weishaar, Jr. , Kenneth R. Stark , James K. Mitchell , Deborah A. Moss , Emerson J. Hilton , Steven D. Hughey , Assistant Attorney General, Office of the Attorney General for the State of Michigan, David E. Pomper , Cynthia S. Bogorad , Amber L. Martin , James H. Holt , David Eugene Crawford , and Andrea I. Sarmentero Garzon were on the brief for intervenors American Municipal Power, Inc., et al. in support of respondent. Spencer A. Sattler , Assistant Attorney General, Office of the Attorney General for the State of Michigan, entered an appearance.

Dissenting opinion filed by Senior Circuit Judge Sentelle.

On Petition for Review of Orders of the Federal Energy Regulatory Commission

Three electrical transmission companies, subsidiaries of the same parent company, petition for review of a decision by the Federal Energy Regulatory Commission (FERC) to reduce the enhanced return on equity FERC had previously authorized...

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