CONSTELLATION MYSTIC POWER, LLC v. FERC

No. 20-1343 Consolidated with 20-1361, 20-1362, 20-1365, 20-1368, 21-1067, 21-1070.

45 F.4th 1028 (2022)

CONSTELLATION MYSTIC POWER, LLC, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Braintree Electric Light Department, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 23, 2022.


Attorney(s) appearing for the Case

Matthew A. Fitzgerald argued the cause for petitioner Constellation Mystic Power, LLC. With him on the briefs were Noel H. Symons and Katlyn A. Farrell .

Jeffrey A. Schwarz argued that cause for State petitioners. With him on the briefs were Seth A. Hollander , Assistant Attorney General — Special Litigation, Office of the Attorney General for the State of Connecticut, Scott H. Strauss , Amber L. Martin Stone , Kirsten S. P. Rigney , Robert Snook , Assistant Attorney General — Environment, Office of the Attorney General for the State of Connecticut, Andrew Minikowski and Julie Datres , Staff Attorneys, Ashley M. Bond , Maura Healy , Attorney General, Office of the Attorney General for the Commonwealth of Massachusetts, Christina Belew , Assistant Attorney General, Jason Marshall , and Phyllis G. Kimmel .

Scott H. Strauss , Jeffrey A. Schwarz , Amber L. Martin Stone , and John P. Coyle were on the briefs for intervenors Braintree Electric Light Department, et al. in support of State petitioners.

Robert M. Kennedy and Carol J. Banta , Senior Attorneys, Federal Energy Regulatory Commission, argued the causes for respondent. With them on the brief were Matthew R. Christiansen , General Counsel, and Robert H. Solomon , Solicitor.

John P. Coyle argued the cause for intervenors Braintree Electric Light Department, et al. in support of respondent. With him on the brief were Scott H. Strauss , Jeffrey A. Schwarz , and Amber L. Martin Stone .

Michael J. Thompson , Ryan J. Collins , and Maria Gulluni were on the brief for intervenor ISO New England, Inc. in support of respondent.

Before: Srinivasan, Chief Judge, Henderson and Rao, Circuit Judges.


In March 2018, Constellation Mystic Power, LLC (Mystic)—a subsidiary of Exelon Generation Company, LLC (ExGen), which itself is a subsidiary of Exelon Corporation (Exelon)1—announced its intention to retire the Mystic Generating Station (Mystic Station), a natural gas-fired generator serving the greater...

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