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HECATE ENERGY GREENE COUNTY 3 LLC v. FERC

No. 21-1192, Consolidated with 21-1274.

72 F.4th 1307 (2023)

HECATE ENERGY GREENE COUNTY 3 LLC, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent New York Independent System Operator, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided July 7, 2023.

Attorney(s) appearing for the Case

William M. Rappolt and Mark F. Sundback were on the briefs for petitioner.

Matthew R. Christiansen , General Counsel, Federal Energy Regulatory Commission, Robert H. Solomon , Solicitor, and Matthew W.S. Estes , Attorney, were on the brief for respondent.

C. Dixon Wallace III , John Lee Shepherd, Jr. , Ted J. Murphy , and Brian M. Zimmet were on the brief for intervenor New York Independent System Operator, Inc. in support of respondent.

Before: Millett, Walker and Childs, Circuit Judges.

Because electricity-transmission grids are expensive and difficult to build, grid operators can be natural monopolists. To ensure that consumers do not pay monopoly prices, Congress requires transmission operators to charge reasonable rates. And tariffs containing those rates must be filed

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