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COGENTRIX ENERGY POWER MANAGEMENT, LLC v. FERC

No. 20-1389.

24 F.4th 677 (2022)

COGENTRIX ENERGY POWER MANAGEMENT, LLC and Vistra Corp., Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondents New England States Committee on Electricity, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided January 28, 2022.

Attorney(s) appearing for the Case

Christopher R. Jones argued the cause for petitioners. With him on the briefs were Miles H. Kiger and Jessica Harris Miller , Nicholas M. Gladd entered an appearance.

Matthew J. Glover , Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief were Matthew R. Christiansen , General Counsel, Robert H. Solomon , Solicitor, and Beth G. Pacella , Deputy Solicitor. Anand R. Viswanathan , Attorney, entered an appearance.

Before: Srinivasan, Chief Judge, Katsas, Circuit Judge, and Randolph, Senior Circuit Judge.

Cogentrix Energy Power Management, LLC and Vistra Corp. own electric generation facilities in New England. Their petition for judicial review is directed at the Federal Energy Regulatory Commission's orders affecting their facilities. ISO New England Inc., 171 FERC ¶ 61,160 (2020) ("Initial Order

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