LONG ISLAND POWER AUTHORITY v. FERC

No. 20-1033 Consolidated with 20-1035, 20-1273.

27 F.4th 705 (2022)

LONG ISLAND POWER AUTHORITY and Long Island Lighting Company, d/b/a LIPA, Petitioners v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent American Electric Power Service Corporation, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 4, 2022.


Attorney(s) appearing for the Case

Michael F. McBride , argued the cause for petitioners Long Island Power Authority, et al. Eric J. Konopka , argued the cause for petitioner Linden VFT, LLC. On the briefs were Richard P. Bress , David L. Schwartz , and Joseph B. Nelson .

Anand R. Viswanathan , Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief were Matthew R. Christiansen , General Counsel, and Robert H. Solomon , Solicitor.

John Longstreth , argued the cause for respondent-intervenors. With him on the brief were Gary E. Guy , Donald A. Kaplan , Cara J. Lewis , Richard P. Sparling , Bradley R. Miliauskas , Morgan E. Parke , Evan K. Dean , Pauline Foley , Paul M. Flynn , Miles H. Mitchell , Stacey Burbure , Robert Adkins , David Yost , Attorney General, Office of the Attorney General for the State of Ohio, Werner L. Margard , Assistant Attorney General, Steven D. Hughey and Spencer A. Sattler , Assistant Attorneys General, Office of the Attorney General for the State of Michigan, Daniel E. Frank , Allison E. Speaker , Kriss E. Brown , Aspassia V. Staevska , Christian A. McDewell , Gurbir S. Grewal , Attorney General, Office of the Attorney General for the State of New Jersey, Paul Youchak , Deputy Attorney General, Christopher R. Jones , Molly Suda , and Christopher J. Barr.  William M. Keyser III, Steven M. Nadel , and Alex Moreau , Deputy Attorney General, Office of the Attorney General for the State of New Jersey, entered appearances.

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


This case arises from a long-running dispute over how to allocate the costs of high-voltage facilities to transmit electricity within the mid-Atlantic planning region. The question is difficult because high-voltage projects afford two different kinds of benefits—local benefits that accrue primarily to utilities close...

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