ADVANCED ENERGY UNITED, INC. v. FERC

No. 22-1018.

77 F.4th 719 (2023)

ADVANCED ENERGY UNITED, INC., et al., Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Alabama Power Company, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 14, 2023.


Attorney(s) appearing for the Case

Danielle C. Fidler argued the cause for petitioners. With her on the briefs were Maia Hutt , Alexandra Farrell , Todd G. Glass , Aaron Stemplewicz , Alexander L. Tom , John N. Moore , Caroline Reiser , Ben Norris , and Adrienne Mouton-Henderson . Jeffery S. Dennis entered an appearance.

Josiah Neeley was on the brief for amicus curiae R Street Institute in support of petitioners.

Ari Peskoe was on the brief for amicus curiae Harvard Electricity Law Initiative in support of petitioners.

Robert M. Kennedy , Senior 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.

Matthew A. Fitzgerald argued the cause for intervenors Southeast EEM Members in support of respondent. With him on the brief were Noel Symons and Katlyn A. Farrell .

Before: Wilkins and Rao, Circuit Judges, and Tatel, Senior Circuit Judge.


This petition challenges several interrelated orders of the Federal Energy Regulatory Commission ("FERC" or "Commission") that permitted the creation of a new energy transmission service across several states in the Southeast region of the United States, entitled the Southeast Energy Exchange Market ("SEEM").

FERC...

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