South Dakota Public Utilities Commission v. Federal Energy Regulatory Commission

ORDER

Upon consideration of petitioner’s petition for rehearing, it is

ORDERED, by the Court, that the petition is denied.

*317STEPHEN F. WILLIAMS, Circuit Judge:

Petitioners seek rehearing1 on the theory that the court’s opinion violates the principle of SEC v. Chenery Corp., 332 U.S. 194, 196, 67 S.Ct. 1575, 1577, 91 L.Ed. 1995 (1947), that courts may judge the propriety of an administrative agency’s act “solely by the grounds invoked by the agency.” Specifically, the argument is that FERC purported to decide the application of area rate clauses to NGPA ceilings on the basis of the actual,…