FPL Energy Marcus Hook, L.P. v. Federal Energy Regulatory Commission (430 F.3d 441, 2005)

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge.

FPL Energy Marcus Hook (“Marcus Hook”) petitions for review of a Federal Energy Regulatory Commission (“FERC” or “the Commission”) order denying a request for a reallocation and redetermination of Marcus Hook’s cost responsibility for a construction upgrade resulting from its request to interconnect with an electricity transmission grid. Marcus Hook also petitions for review of FERC’s order denying its request for rehearing. Because we find that FERC did not adequately explain its decision on the upgrade’s system benefit, we grant the petition for review, partially vacate the orders, and remand for further proceedings.

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