ELECTRIC POWER SUPPLY ASSOCIATION (22-3176/3666); PJM Power Providers Group (22-3794/3796), Petitioners,
PJM Interconnection, L.L.C., Intervenor-Petitioner (22-3794/3796),
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
American Municipal Power, Inc., Old Dominion Electric Cooperative, PJM Industrial Customer Coalition, Pennsylvania Public Utility Commission, Monitoring Analytics LLC, and PJM Interconnection, L.L.C. (22-3176/3666); Maryland Office of People's Counsel, Delaware Division of The Public Advocate, and New Jersey Division of Rate Counsel (22-3176/3666/3794/3796), Intervenors.
United States Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
Argued: October 19, 2023.
Decided and Filed: December 21, 2023.
Attorney(s) appearing for the Case
ARGUED: Paul W. Hughes , McDERMOTT WILL & EMERY LLP, Washington, D.C., for Petitioners. Jared B. Fish , FEDERAL ENERGY REGULATORY COMMISSION, Washington, D.C., for Respondent. Jason T. Gray , DUNCAN & ALLEN LLP, Washington, D.C., for Intervenors. ON BRIEF: Paul W. Hughes, McDERMOTT WILL & EMERY LLP, Washington, D.C., for Petitioners. Jared B. Fish, FEDERAL ENERGY REGULATORY COMMISSION, Washington, D.C., for Respondent. Jason T. Gray, DUNCAN & ALLEN LLP, Washington, D.C., Gerit F. Hull , AMERICAN MUNICIPAL POWER, INC., Columbus, Ohio, Scott H. Strauss , Amber L. Martin Stone , SPIEGEL & McDIARMID LLP, Washington, D.C., Robert A. Weishaar, Jr. , McNEES WALLACE & NURICK LLC, Washington, D.C., Kenneth R. Stark , McNEES WALLACE & NURICK LLC, Harrisburg, Pennsylvania, Jeffrey W. Mayes , MONITORING ANALYTICS, LLC, Eagleville, Pennsylvania, Regina A. Iorii , DELAWARE DEPARTMENT OF JUSTICE, Wilmington, Delaware, Adrienne E. Clair , Jecoliah R. Williams , THOMPSON COBURN LLP, Washington, D.C., Christian A. McDewell , Kriss E. Brown , PENNSYLVANIA PUBLIC UTILITY, Harrisburg, Pennsylvania, for Intervenors.
SUTTON, C.J., delivered the opinion of the court in which LARSEN, J., joined in full and CLAY, J., joined in part. CLAY, J. (pp. 15-25), delivered a separate opinion dissenting in part.
OPINION
SUTTON, Chief Judge.
Before us are two questions: Did the Chairman of the Federal Energy Regulatory Commission exceed his authority in moving for a remand of a ratemaking challenge without the support of any other members of the Commission? If not, did the Commission's underlying ratemaking...
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