Gregory Swecker v. Midland Power Cooperative

LOKEN, Circuit Judge.

Beverly and Gregory Swecker own a farm in Iowa that has a wind generator and is a qualifying power production facility (“QF”) certified by the Federal Energy Regulatory Commission (“FERC”). The Sweckers sell surplus electric energy to Midland Power Cooperative at a rate established by the Iowa Utilities Board (“IUB”), implementing FERC rules and regulations. See 16 U.S.C. § 824a-3(f). For more than a decade, the Sweckers and Midland have litigated rate disputes in state court, federal court, and before FERC and the IUB.1 In this round of their *884ongoing battle, the Sweckers…