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LSP TRANSMISSION HOLDINGS II, LLC v. FERC

No. 20-1465 Consolidated with 20-1466, 21-1004, 21-1005.

45 F.4th 979 (2022)

LSP TRANSMISSION HOLDINGS II, LLC, et al., Petitioners v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent Coalition of MISO Transmission Customers, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 19, 2022.

Attorney(s) appearing for the Case

Robert C. Fallon argued the cause for petitioners. With him on the briefs were Michael Ray Engleman and Christina Switzer .

Kenneth R. Stark and Robert A. Weishaar, Jr. were on the brief for intervenors in support of petitioners.

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

Kari Valley argued the cause for non-governmental intervenors in support of respondent. With her on the joint brief were Ilia Levitine , Wendy N. Reed , Matthew J. Binette , and David S. Berman .

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

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

LSP Transmission Holdings II, LLC, Cardinal Point Electric, LLC, and LS Power Midcontinent, LLC are transmission development companies. They petition for review of a set of Federal Energy Regulatory Commission (FERC) orders that approve modifications to the criteria used by the Midcontinent Independent System Operator, Inc...

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