OKLAHOMA GAS AND ELECTRIC COMPANY v. FERC

No. 20-1062 Consolidated with 20-1101.

11 F.4th 821 (2021)

OKLAHOMA GAS AND ELECTRIC COMPANY, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent CPV Keenan II Renewable Energy Company, LLC, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 27, 2021.


Attorney(s) appearing for the Case

John Longstreth and Matthew J. Binette argued the causes for petitioners Oklahoma Gas and Electric Company and Southwest Power Pool, Inc. With them on the joint briefs were Donald A. Kaplan and Victoria M. Lauterbach .

Bruce A. Grabow , Jennifer Brough , Stuart A. Caplan , Matthew A. Fitzgerald , Noel Symons , Daniel E. Frank , Allison E. Speaker , and Molly Suda were on the joint briefs for intervenors CPV Keenan II Renewable Energy Company, LLC, et al. in support of petitioners. William M. Keyser , entered an appearance.

Beth G. Pacella , 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.

Joseph W. Lowell argued the cause for intervenors Xcel Energy Services Inc., et al. in support of respondent. With him on the joint brief were Craig W. Silverstein , Stephen C. Pearson , Cynthia S. Bogorad , Amanda C. Drennen , Stacey L. Burbure , Phyllis G. Kimmel , Stephen M. Spina , and Timothy T. Mastrogiacomo .

Before: Tatel, Rao, and Walker, Circuit Judges.


This case concerns the authority of the Federal Energy Regulatory Commission ("FERC" or "Commission") to order a retroactive waiver of a billing requirement contained in a filed tariff. Several utilities that are managed by the Southwest Power Pool ("SPP"), a regional transmission operator, paid for upgrades to the transmission...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases