Exelon Wind 1, L.L.C. v. Donna Nelson, et a

JENNIFER WALKER ELROD, Circuit Judge:

This appeal addresses the Texas Public Utilities Commission’s (PUC) interpreta*384tion and implementation of a federal statutory and regulatory scheme governing the purchase of energy between public utilities and certain energy production facilities known as Qualifying Facilities. Appellees are qualifying wind generation facilities collectively known as Exelon that challenged a state rule and order which prohibited Exelon from forming Legally Enforceable Obligations when selling power. The district court determined that it had jurisdiction to hear Exelon’s…