CHEROKEE COUNTY COGENERATION PARTNERS v. FERC

No. 21-1163 Consolidated with 21-1176.

40 F.4th 638 (2022)

CHEROKEE COUNTY COGENERATION PARTNERS, LLC, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent Duke Energy Carolinas, LLC, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided July 15, 2022.


Attorney(s) appearing for the Case

Paul W. Hughes argued the cause for petitioner. With him on the briefs were Neil L. Levy , David G. Tewksbury , and Andrew Lyons-Berg .

Lona T. Perry , Deputy Solicitor, Federal Energy Regulatory Commission, argued the cause for respondent. On the brief were Matthew R. Christiansen , General Counsel, Robert H. Solomon , Solicitor, and Elizabeth E. Rylander , Attorney.

Misha Tseytlin argued the cause for intervenor Duke Energy Carolinas, LLC in support of respondent. With him on the brief was Kevin M. LeRoy . Christopher R. Jones and Amie V. Colby entered appearances.

Before: Wilkins and Rao, Circuit Judges, and Silberman, Senior Circuit Judge.


Petitioner, Cherokee County Cogeneration Partners, LLC, seeks review of the Federal Energy Regulatory Commission's determination that FERC lacked jurisdiction over Petitioner's Federal Power Act section 205 rate filing which sought compensation for its provision of reactive...

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