Entergy Services, Inc. v. Federal Energy Regulatory Commission

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

Entergy Services, Inc. (“Entergy” or “petitioner”), an electricity utility system owning and operating both transmission facilities and generation resources, petitions for review of a Federal Energy Regulatory Commission (“FERC” or “the Commission”) order finding that Entergy had unreasonably discriminated against competitors by keeping transmission capacity off the market in violation of FERC Order No. 888. Entergy contends that the order is arbitrary and capricious. For the reasons more fully set forth below, we…