TNA Merchant Projects, Inc. v. Federal Energy Regulatory Commission

EDWARDS, Senior Circuit Judge:

In 2008 the Federal Energy Regulatory 'Commission (“FERC” or “Commission”) invoked Section 205 of the Federal Power Act (the “Act” or “FPA”) to order Chehal-is Power Generating, L.P., (“Chehalis”) to refund a portion of the. rates it had charged a customer because they were not just and reasonable. Several years later, FERC had second thoughts. It determined that Chehalis should not, after all, have been required to pay these funds and held that Chehalis ought to recover funds with interest. But Bonneville Power Administration (“Intervenor”), the customer to whom…