United States DC Circuit

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TNA Merchant Projs., Inc. v. FERC, 08-1201

In petitions for review of two orders of the Federal Energy Regulatory Commission (FERC), holding that the rate schedule petitioner proposed for supplying reactive power to the Bonneville Power Administration (BPA) constituted a "changed rate" that was subject to the suspension and refund provisions of section 205(e) of the Federal Power Act (FPA), 16 U.S.C. section 824d(e), the petitions are granted where the Commission failed to respond to petitioner's argument that its rate could not be classified as "changed" since it was not previously filed.

Appellate Information

  • Decided 08/10/2010
  • Published 08/10/2010

Judges

  • Merrick C. Garland

Court

  • United States DC Circuit

Counsel

  • For Appellant:
  • Brian R. Gish, Samuel Soopper