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WABASH VALLEY POWER ASSOCIATION, INC. v. FERC

No. 20-1286 Consolidated with 20-1348.

45 F.4th 115 (2022)

WABASH VALLEY POWER ASSOCIATION, INC., Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent Tipmont Rural Electric Membership Cooperative, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided August 2, 2022.

Attorney(s) appearing for the Case

Randolph Lee Elliott argued the cause for petitioner. With him on the briefs were John Michael Adragna , William C. Simmerson , and Randolph G. Holt .

Beth G. Pacella , Deputy Solicitor, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were Matthew R. Christiansen , General Counsel, David L. Morenoff , Deputy General Counsel, and Robert H. Solomon , Solicitor.

Richard L. Roberts and Jennifer L. Key were on the brief for intervenor Tipmont Rural Electric Member Cooperative in support of respondent. David B. Raskin entered an appearance.

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

This case presents a question of how to determine the reasonableness of rates for the sale of electricity from an energy cooperative to its individual member utilities. The rates are fixed by majority vote of the utilities. Contracts between the cooperative and certain members purport to impose a presumption that the rates...

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