KENTUCKY MUNICIPAL ENERGY AGENCY v. FERC

No. 19-1236 Consolidated with 19-1237, 20-1282, 20-1326, 20-1452, 20-1459, 21-1013, 21-1025.

45 F.4th 162 (2022)

KENTUCKY MUNICIPAL ENERGY AGENCY, et al., Petitioners v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent Kentucky Utilities Company and Louisville Gas and Electric Company, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 5, 2022.


Attorney(s) appearing for the Case

Latif M. Nurani argued the cause for municipal petitioners. With him on the briefs were Thomas C. Trauger and David E. Pomper .

Paul D. Clement argued the cause for petitioners Louisville Gas and Electric Company and Kentucky Utilities Company. With him on the briefs were Erin E. Murphy and Julie M.K. Siegal .

Scott Ray Ediger , 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.

Before: Henderson, Tatel, and Millett, Circuit Judges.


In 1998, the Federal Energy Regulatory Commission approved the merger of two electrical grid operators, Louisville Gas & Electric Company and Kentucky Utilities Company. To protect customers from the merger's potential anticompetitive effects, the Commission required the combined company (collectively, "Louisville Utilities...

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