Legal Opinion

El Paso Electric Co. v. Federal Energy Regulatory Commission

Court of Appeals for the Fifth Circuit

Decided February 9, 2000No. 99-60453PublishedCited by 3 opinions

1Opinion of the Court

DUHÉ, Circuit Judge:

Petitioner El Paso Electric Company (“EPE”) seeks review of two orders of the Federal Energy Regulatory Commission (“FERC”): one requiring EPE to sell power at wholesale to the City of Las Cruces, New Mexico, 86 FERC ¶ 61,065 (1999) (the “Order”); the other denying EPE’s motion for rehearing and dismissing its motion for stay as moot, 87 FERC ¶ 61,220 (1999) (the “Rehearing Order”). For the reasons stated herein, we AFFIRM in part and REVERSE in part both orders and REMAND for further proceedings consistent with this opinion.

BACKGROUND

EPE is an integrated public utility…

2Cases cited7 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Permian Basin Area Rate CasesSupreme Court of the United States · 1968
  3. Texas Office of Public Utility Counsel v. Federal Communications CommissionCourt of Appeals for the Fifth Circuit · 1999
  4. City of Paris, Kentucky v. Federal Power Commission, Kentucky Utilities Company, IntervenorCourt of Appeals for the D.C. Circuit · 1968
  5. Borden, Inc. v. Federal Energy Regulatory CommissionCourt of Appeals for the Fifth Circuit · 1988

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. State v. U.S. Dep't of JusticeDistrict Court, S.D. Illinois · 2018
  2. Western Refining Southwest, Inc. v. Federal Energy Regulatory CommissionCourt of Appeals for the Fifth Circuit · 2011
  3. Bank of America, N.A. v. Moglia (In Re Outboard Marine Corp.)District Court, N.D. Illinois · 2002

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