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XO ENERGY MA, LP v. FED. ENERGY REGULATORY COM'N

No. 22-1096.

77 F.4th 710 (2023)

XO ENERGY MA, LP and XO Energy LLC, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Monitoring Analytics, LLC, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided July 14, 2023.

Attorney(s) appearing for the Case

Peter B. Siegal argued the cause and filed the briefs for petitioners.

Matthew J. Glover , 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.

Jeffrey Whitefield Mayes argued the cause for intervenor for respondent Independent Market Monitor for PJM (Monitoring Analytics, LLC).

Before: Childs and Pan, Circuit Judges, and Rogers, Senior Circuit Judge.

XO Energy petitions for review of the Federal Energy Regulatory Commission's approval of filings implementing a regional transmission organization's ("RTO") revised Forfeiture Rule for Financial Transmission Rights ("FTRs"). It contends that the Commission erred as a matter of law in declining to issue refunds to market...

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