LOUISIANA PUBLIC SERV v. FEDERAL ENERGY REG, 05-1161 (D.C. Cir. 8-7-2007)
Louisiana Public Service Commission, Petitioner v. Federal EnergyRegulatory Commission, Respondent. Entergy Services, Inc., et al.,Intervenors
No. 05-1161.United States Court of Appeals, District of Columbia Circuit.
August 7, 2007.
[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.] Per Curiam.
Before: Ginsburg, Chief Judge, and Sentelle, Henderson,[fn*]
Randolph, Rogers, Tatel, Garland, Brown, Griffith, and Kavanaugh,[fn*] Circuit Judges.
[fn*] Circuit Judges Henderson and Kavanaugh did not participate in this matter.
ORDER
Upon consideration of intervenor Arkansas Public Service Commission's petition for rehearing en banc, and the absence of a request by any member of the court for a vote, it is
ORDERED that the petition be denied.Page 2
BEFORE: Ginsburg, Chief Judge, and Rogers, Circuit Judge.
Upon consideration of intervenor Arkansas Public Service Commission's petition for rehearing filed May 18, 2007, it is.
ORDERED that the petition be denied. In its April 3, 2007 opinion, the court declined to pass upon an argument Intervenor Arkansas Public Service Commission (Arkansas) raised because it had not been "offered, let alone vetted, before the Commission." Slip Op. at 15n.*. If, as Arkansas now claims, it had no occasion to make the argument when it was previously before the Commission, then it presumably will be able to do so on remand to the Commission.Page 1