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ENTERGY ARKANSAS v. FED. ENERGY REGULATORY COMM'N

No. 22-1335. Consolidated with No. 23-1111.

109 F.4th 583 (2024)

ENTERGY ARKANSAS, LLC, et al., Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Arkansas Public Service Commission, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 26, 2024.

Attorney(s) appearing for the Case

Jennifer Quinn-Barabanov argued the cause for petitioners. With her on the briefs were Andrea J. Weinstein, Glen S. Bernstein, and Shaun M. Boedicker.

William D. Booth, Gary M. Bridgens, Alex L. Peterson, Nicole A. Vele, Noel Darce, Glen L. Ortman, Dennis Lane, M. Denyse Zosa, and F. Alvin Taylor, Jr. were on the briefs for intervenors in support of petitioners. Paul L. Zimmering entered an appearance.

Beth G. Pacella, Deputy Solicitor, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were Matthew R. Christiansen, General Counsel, and Robert H. Solomon, Solicitor.

Before: Millett, Katsas and Childs, Circuit Judges.

In February 2021, a weeks-long cold snap devastated the central United States, cutting power to millions of Americans and killing hundreds. That cold snap confirmed what power grid operators in the region already knew: Extreme weather events that put an increased strain on the grid were becoming increasingly common, and updated...

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