DC Circuit: ESI Energy, LLC v. FERC

Agency did not err when, on remand, it discounted extrinsic evidence that the court had held to be ambiguous.

Relevant date for assigning cost responsibility for a power network upgrade might reasonably be the date of the execution of the agreement to join the network.

https://www.cadc.uscourts.gov/internet/opinions.nsf/C8F18CF446B7250D852582A600522CF6/$file/16-1261.pdf