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LOUISIANA PUBLIC SERVICE COMMISSION v. FERC

No. 20-1024.

10 F.4th 839 (2021)

LOUISIANA PUBLIC SERVICE COMMISSION, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent Entergy Services, LLC and Arkansas Public Service Commission, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 20, 2021.

Attorney(s) appearing for the Case

Michael R. Fontham argued the cause for petitioner. With him on the briefs were Dana M. Shelton and Justin A. Swaim .

Lona T. Perry , Deputy Solicitor, 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.

Glen Ortman , Dennis Lane , Gregory W. Camet , Mark Strain , and Marnie A. McCormick were on the brief for intervenors Entergy Services, LLC and Arkansas Public Service Commission in support of respondent. Jennifer S. Amerkhail and Marie Denyse Zosa entered appearances.

Before: Henderson, Pillard, and Katsas, Circuit Judges.

The Federal Energy Regulatory Commission required Entergy Corporation's five operating companies to roughly equalize their electricity production costs. In determining which costs must be equalized, FERC excluded purchased-power costs that a Louisiana affiliate incurred in 2005 and amortized in 2008 and 2009. The agency reasoned...

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