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EVERGY KANSAS CENTRAL, INC. v. FERC

No. 22-1221. Consolidated with 22-1252, 22-1291.

77 F.4th 1050 (2023)

EVERGY KANSAS CENTRAL, INC., et al., Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Oklahoma Gas and Electric Company, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 1, 2023.

Attorney(s) appearing for the Case

John Lee Shepherd, Jr. argued the cause for petitioners. With him on the briefs were C. Dixon Wallace III and Ted J. Murphy .

Charlotte H. Taylor argued the cause for intervenor in support of petitioners. With her on the brief was James C. Beh .

Matthew W.S. Estes , 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 J. Binette argued the cause for respondent-intervenor American Electric Power Service Corporation, et al. With him on the brief were Christopher R. Jones , Miles H. Kiger , Heather H. Starnes , Ashley M. Bond , Elizabeth P. Trinkle , Craig W. Silverstein , Phyllis G. Kimmel , and F. Alvin Taylor .

Before: Wilkins and Walker, Circuit Judges, and Sentelle, Senior Circuit Judge.

The Federal Energy Regulatory Commission must ensure that the rules for funding new transmission facilities are just and reasonable. A funding regime is not just and reasonable if it makes one party foot the bill for a project with broad benefits. Old Dominion Electric Cooperative v. FERC, 898 F.3d 1254...

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