United States DC Circuit
ARKANSAS ELEC. ENERGY CONSUMERS v. FED. ENERGY REGULATORY COMM'N, 94-1461
The FERC did not unduly discriminate against electric operating companies with long-standing cost-sharing histories, when it approved a System Agreement for a company with no history of cost-sharing with its merging facility; no evidentiary hearing on wholesale electric competition prior to approval of the merger was necessary.
Appellate Information
- Argued 04/08/2002
- Decided 05/17/2002
- Published 05/17/2002
Judges
- Before: EDWARDS, ROGERS and TATEL, Circuit Judges.
Court
- United States DC Circuit
Counsel
- For Appellant:
- Mary W. Cochran argued the cause for petitioners. With her on the briefs were Paul R. Hightower, Zachary David Wilson, Brian Donahue, Mitchell F. Hertz, George M. Fleming and Frank Spencer. William B. McKinley and James D. Senger entered appearances., Michael R. Fontham argued the cause for intervenors Entergy Services, Inc. and Louisiana Public Service Commission. With him on the brief were Noel J. Darce and John N. Estes III.
- For Appellees:
- David H. Coffman, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief were Cynthia A. Marlette, General Counsel, and Dennis Lane, Solicitor.