United States DC Circuit

Consolidated petitions for review of two FERC orders related to the production costs of the five operating companies in the Entergy power system are denied in part where: 1) FERC had jurisdiction to reallocate production costs; 2) FERC's remedy was not arbitrary or capricious or contrary to law; and 3) FERC's exclusion of a certain hydropower plant from its remedy calculation was supported by substantial evidence. Petitions are granted in part with respect to the FERC's decisions to deny refunds to the Entergy companies and to implement a prospective remedy commencing in 2007 based on 2006 data.

Appellate Information

• Argued 11/02/2007
• Decided 04/15/2008
• Published 04/15/2008

Judges

• Before:  SENTELLE, Chief Judge, and GARLAND and GRIFFITH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• John Longstreth argued the cause for petitioner Arkansas Electric Energy Consumers, Inc. On the briefs were Brian C. Donahue and Stacy M. Hazell.  Donald A. Kaplan entered an appearance., Michael R. Fontham argued the cause for petitioner Louisiana Public Service Commission.   With him on the briefs were Paul L. Zimmering and Noel J. Darce., Mary W. Cochran argued the cause for petitioners Arkansas Public Service Commission and Mississippi Public Service Commission.   With her on the briefs were Paul Randolph Hightower, Ted J. Thomas, and George M. Fleming., J. Wayne Anderson argued the cause for intervenor Entergy Services, Inc. With him on the brief was William S. Scherman., Earle H. O'Donnell, Zori G. Ferkin, Daniel A. Hagan, Michael R. Fontham, Paul L. Zimmering, and Noel J. Darce were on the brief for intervenors Louisiana Public Service Commission and Occidental Chemical Corporation.


• For Appellees:
  
• Lona T. Perry, Senior Attorney, Federal Energy Regulatory Commission, argued the cause for respondent.   With her on the brief was Robert H. Solomon, Solicitor., Mary W. Cochran, Paul Randolph Hightower, Ted Thomas, Clinton A. Vince, J. Cathy Fogel, Paul E. Nordstrom, George M. Fleming, Brandon J. Harrison, Andy Adams, Brian C. Donahue, and Stacy M. Hazell were on the brief for intervenors Arkansas Public Service Commission, et al. in support of respondent.  Donald A. Kaplan, John Longstreth, and Emma F. Hand entered appearances.