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EAST TEXAS ELECTRIC COOPERATIVE, INC. v. FERC

No. 22-1166.

90 F.4th 579 (2024)

EAST TEXAS ELECTRIC COOPERATIVE, INC., et al., Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. American Electric Power Service Corporation, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided January 12, 2024.

Attorney(s) appearing for the Case

A. Hewitt Rose, III argued the cause for petitioners. With him on the briefs were Brendan H. Connors , Jennifer Loiacano , at the time the brief was filed, and Craig Silverstein.   Michael Sappington entered an appearance.

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.

William M. Keyser argued the cause for intervenor for respondent American Electric Power Service Corporation. With him on the brief was Shaun Boedicker . Matthew L. Bly , Stacey L. Burbure , and Steven J. Ross entered appearances.

Before: Katsas, Childs and Pan, Circuit Judges.

American Electric Power Service Corporation ("AEP") is a public utility that produces and transmits electricity. AEP calculates the rates that it charges its customers for transmission services based on a formula published in a tariff that is approved by the Federal Energy Regulatory Commission ("FERC" or "the Commission"). A...

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