Exelon Corp. v. Fed. Energy Regulatory Comm'n

Williams, Senior Circuit Judge:

*1238 In a very very few cases, the dispute between the parties vanishes in the course of oral argument. This case may be a variation of that pattern. Agency counsel seemed to contend that the correct meaning of the challenged order was in conformity with the meaning that petitioner ascribed to the controlling statute. Because the parties' dispute may be illusory, we remand the record to the agency to sort out what it really means.

Petitioner Exelon, which owns a number of electric generation resources in New England, challenges the adoption by the Federal Energy…