CITY OF LINCOLN v. FED. ENERGY REGULATORY COMM'N

No. 22-1205.

89 F.4th 926 (2024)

CITY OF LINCOLN, d/b/a Lincoln Electric System, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent Southwest Power Pool, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 2, 2024.


Attorney(s) appearing for the Case

Debra D. Roby argued the cause for petitioner. With her on the briefs were Alan I. Robbins and Thomas B. Steiger III.

Matthew J. Binette and Elizabeth P. Trinkle were on the briefs for intervenor for petitioner Southwest Power Pool, Inc.

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.

Sean R. Janda , Attorney, U.S. Department of Justice, argued the cause for intervenor for respondent Western Area Power Administration. With him on the brief were Brian M. Boynton , Principal Deputy Assistant Attorney General, and Melissa N. Patterson , Attorney.

Jesse Halpern , Rebecca L. Shelton , and Jecoliah R. Williams were on the brief for intervenor for respondent Basin Electric Power Cooperative.

Before: Henderson and Childs, Circuit Judges, and Edwards, Senior Circuit Judge.


Petitioner City of Lincoln d/b/a Lincoln Electric (Lincoln) is a public utility providing electricity to the Lincoln, Nebraska area. Despite serving electric load to Lincoln area customers only, Lincoln long ago invested in the Laramie River Station facilities (LRS...

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