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142186P.pdf 10/06/2015 Gregory Swecker v. Midland Power Cooperative
U.S. Court of Appeals Case No: 14-2186
U.S. District Court for the Southern District of Iowa - Des Moines
[PUBLISHED] [Loken, Author, with Bye and Kelly, Circuit Judges]
Civil case - Public Utilities Regulatory Policies Act of 1978. The Federal
Energy Regulatory Commission's interpretation of the phrase "avoided
costs" when an all-requirements utility is required to purchase electric
energy from a qualifying power production facility was not plainly
erroneous; was consistent with the provisions of 18 C.F.R. Sections
292.101(b)(6), .303, and .304, read as a whole and in context; reasonably
served diverse statutory purposes when applying the Act to a complex
situation; and had been the agency's consistent practice since the
decision in City of Longmont, 1987 WL 117113 (June 16, 1987); the Agency's
interpretation is controlling and forecloses the contrary argument
advanced by plaintiffs. Judge Bye, dissenting.