IN RE NTE CONNECTICUT, LLC

No. 22-1011.

26 F.4th 980 (2022)

IN RE: NTE CONNECTICUT, LLC, Petitioner ISO New England Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided February 24, 2022.


Attorney(s) appearing for the Case

David W. DeBruin , Suedeen G. Kelly , and Zachary B. Cohen were on the petition and the reply.

Matthew R. Christiansen , General Counsel, Federal Energy Regulatory Commission, Robert H. Solomon , Solicitor, Beth G. Pacella , Deputy Solicitor, and Matthew W.S. Estes , Attorney, were on the response to the petition.

Dissenting opinion filed by Circuit Judge WILKINS.


RAO Petitioner NTE Connecticut, LLC ("NTE") acquired valuable authorization to sell electricity from its new power plant. The Federal Energy Regulatory Commission ("FERC") revoked that authorization and, in so doing, very likely fell short of its obligation under the Administrative Procedure Act ("APA") to explain the reason...

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