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COALITION OF MISO TRANSMISSION CUSTOMERS v. FERC

No. 20-1421.

45 F.4th 1004 (2022)

COALITION OF MISO TRANSMISSION CUSTOMERS, et al., Petitioners v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent Ameren Services Company, as agent for Union Electric Company d/b/a Ameren Missouri, Ameren Illinois Company d/b/a Ameren Illinois, and Ameren Transmission Company of Illinois, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 19, 2022.

Attorney(s) appearing for the Case

Michael R. Engleman argued the cause for petitioners. With him on the briefs were Robert A. Weishaar, Jr. , Kenneth R. Stark, Robert C. Fallon , and Christina Switzer .

Matthew J. Glover , Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the briefs were Matthew R. Christiansen , General Counsel, Robert H. Solomon , Solicitor, and Susanna Y. Chu , Attorney.

Christopher D. Supino argued the cause for nongovernmental intervenors in support of respondent. With him on the joint brief were Ilia Levitine , Wendy N. Reed , and Matthew J. Binette .

William D. Booth , Roxane E. Maywalt , Paul L. Zimmering , and Noel J. Darce were on the brief for state governmental intervenors in support of respondent.

Opinion dissenting in part and concurring in part filed by Circuit Judge Rogers.

LS Power Midcontinent, LLC ("LS Power") is a transmission developer seeking to build projects on the electrical grid overseen by the Midcontinent Independent System Operator, Inc. ("MISO"). LS Power and two organizations representing electricity consumers (collectively, "Petitioners") challenge MISO's method of allocating...

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