Entergy Services, Inc. v. Federal Energy Regulatory Commission

Opinion for the Court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge:

This petition for review challenges the Federal Energy Regulatory Commission’s (FERC’s) resolution of a contract dispute between Entergy Arkansas, Inc., an operating subsidiary of petitioner Entergy Services, Inc. (“Entergy”), and Arkansas Electric Cooperative Corporation (“Arkansas Electric”). Entergy contends that the plain language of the contract permits it to take into account transmission system operating constraints in determining the billing rate for energy supplied to Arkansas Electric’s customers. In the two…