Entergy Servs., Inc. v. Fed. Energy Regulatory Comm., No. 07-1343

In a petition for review of FERC's resolution of a contract dispute between two energy providers, the petition is denied, where FERC's construction of the contract was reasonable based on the text and the parties' course of conduct.

Read the full decision in Entergy Servs., Inc. v. Fed. Energy Regulatory Comm., No. 07-1343.

Appeal Information:

Argued October 7, 2008. Decided June 12, 2009.

Judges:

Before SENTELLE, Chief Judge, and RANDOLPH and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge GARLAND.

Counsel:

Floyd L. Norton IV of Morgan, Lewis & Bockius LLP argued the cause for petitioner. With him on the briefs was Erin M. Murphy.

Samuel Soopper, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief were Cynthia A. Marlette, General Counsel, and Robert H. Solomon, Solicitor.

Sean T. Beeny of Miller, Balis & O'Neil, P.C. argued the cause for intervenor. With him on the brief were Phyllis G. Kimmel and Milton J. Grossman.