BELMONT MUNICIPAL LIGHT DEPARTMENT v. FERC

No. 19-1224 Consolidated with 19-1247, 19-1252, 19-1253.

38 F.4th 173 (2022)

BELMONT MUNICIPAL LIGHT DEPARTMENT, et al., Petitioners v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Maine Public Utilities Commission, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 17, 2022.


Attorney(s) appearing for the Case

John P. Coyle argued the cause for petitioners New England Consumer-Owned Systems. With him on the briefs was Ashley M. Bond .

Christopher G. Aslin , Senior Assistant Attorney General, Office of the Attorney General for the State of New Hampshire, argued the cause for State petitioners. On the briefs were John M. Formella , Attorney General, Daniel E. Will , Solicitor General, Maura Healey , Attorney General, Office of the Attorney General for the Commonwealth of Massachusetts, and Timothy J. Reppucci , Assistant Attorney General at the time the briefs were filed. Christina Belew , Assistant Attorney General, entered an appearance.

Casey A. Roberts argued the cause for petitioners Sierra Club and Union of Concerned Scientists. With her on the briefs was Charles Carter Hall at the time the briefs were filed. Devin McDougall entered an appearance.

Robert M. Kennedy , Senior 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.

Paul W. Hughes argued the cause for intervenor New England Power Generators Association, Inc. in support of respondent. With him on the brief were David G. Tewksbury and Andrew A. Lyons-Berg .

Michael J. Thompson and Maria Gulluni were on the brief for intervenor ISO New England Inc. in support of respondent.

Before: Wilkins, Katsas and Jackson, Circuit Judges.


The Northeast region of the United States will likely face fuel energy security risks in upcoming winters because of the stress the winter places on its electricity grid. When the system is stressed, power plants struggle to secure the fuel they need to produce energy. As a result, emergency actions, such as rolling blackouts...

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