Louisiana Public Service Commission v. Federal Energy Regulatory Commission

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

Over the Louisiana Public Service Commission’s objection, the Federal Energy Regulatory Commission approved a new long-term allocation of power-generating capacity among the affiliates of the Enter-gy system. In so doing, FERC interpreted the provision of the Entergy System Agreement that governs off-system sales as inapplicable to short-term opportunity sales. Aggrieved by FERC’s decision approving the long-term, intra-system allocations and upset at FERC’s interpretation regarding the short-term, off-system sales, the…