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VISTRA CORP. v. FEDERAL ENERGY REGULATORY COMM'N

No. 21-1214 Consolidated with 21-1216, 21-1217, 22-1063, 22-1065, 22-1066.

80 F.4th 302 (2023)

VISTRA CORP., Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Office of the Peoples Counsel for the District of Columbia, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 15, 2023.

Attorney(s) appearing for the Case

Paul W. Hughes argued the cause for petitioners. With him on the briefs were Nicholas M. Gladd , Valerie L. Green , Matthew E. Price , Zachary B. Cohen , Neil L. Levy , David G. Tewksbury , and Andrew A. Lyons-Berg .

Paul M. Flynn argued the cause for intervenor PJM Interconnection, L.L.C. in support of petitioners. With him on the brief was Ryan J. Collins .

Matthew W. Estes , Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief were Matthew R. Christiansen , General Counsel, Robert H. Solomon , Solicitor, and Matthew J. Glover , Attorney.

Jeffrey W. Mayes argued the cause for intervenors Monitoring Analytics, LLC, et al. in support of respondent. With him on the brief were Robert A. Weishaar, Jr. , Kenneth R. Stark , Regina A. Iorii , Anjali G. Patel , Karen R. Sistrunk , and William F. Fields .

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

Vistra Corporation, joined by several other electricity suppliers, petitions this Court to review three underlying orders of the Federal Energy Regulatory Commission. These orders involve the sale of electricity in capacity markets. Generally, in such markets, electricity companies like the ones before us commit to producing...

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