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Westar Energy, Inc. v. Fed. Energy Regulatory Commission, No. 08-1196

By FindLaw Staff on June 15, 2009 6:04 PM

In a petition for review of a FERC ratemaking order requiring electricity wholesalers to make refunds to customers, the petition is denied, where Petitioners provided no basis for disturbing FERC's reasoned decision to apply a point of sale test rather than a sink-based test to Petitioners' market-based tariffs.

Read the full decision in Westar Energy, Inc. v. Fed. Energy Regulatory Commission, No. 08-1196.

Appeal Information:

Argued March 26, 2009. Decided June 12, 2009.

Judges:

Before: HENDERSON, TATEL and KAVANAUGH, Circuit Judges.

Opinion for the Court filed by Circuit Judge KAVANAUGH.

Counsel:

Martin J. Bregman argued the cause for petitioners. With him on the briefs were Donald K. Dankner, Raymond B. Wuslich, and Margaret H. Claybour of Winston & Strawn LLP.

Kathrine L. Henry, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were Cynthia A. Marlette, General Counsel, and Robert H. Solomon, Solicitor.

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