Entergy Services, Inc. v. Federal Energy Regulatory Commission

Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.

HARRY T. EDWARDS, Circuit Judge.

Entergy Services, Inc., an affiliate of Entergy Corp., a registered public utility holding company (individually and collectively “Entergy”), petitions for review of orders by the Federal Energy Regulatory Commission (“FERC” or “Commission”). FERC held that Entergy’s practice of allocating all of a qualifying facility’s (QF) output to its schedule and, in the event of a shortfall in the generation of electric energy, serving the QF’s host load under retail rates was unreasonable and unduly…