DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
191553P.pdf 04/30/2020 Nebraska Public Power District v. FERC
U.S. Court of Appeals Case No: 19-1553
Petition for Review of an Order of the Federal Energy Regulatory Commission
[PUBLISHED] [Smith, Author, with Loken and Gruender, Circuit Judges]
Petition for Review - Order of the Federal Energy Regulatory Commission.
Substantial evidence on the record as a whole supported FERC's
determination that the benefits Nebraska Public Power District and other
facilities in their zone received from Tri-State's transmission facilities
were roughly commensurate with the cost allocated to the zone as a result
of Tri-State's placement in that zone; because FER stated plausible and
articulable reasons why the costs and benefits were comparable, the court
could not say that FERC's cost-causation analysis was arbitrary and
capricious; the law does not require FERC to consider or analyze Nebraska
Public Power's argument that Tri-State be placed in a different zone
because FERC's role is simply to determine whether the proposed placement
of Tri-State in the chosen zone is just and reasonable.