Whether a federal agency acts arbitrarily or capriciously in determining a post-settlement change of law, and whether federal law applies to utility transmission organizations regardless of voluntary or mandated joining

1. Whether a federal agency does not act arbitrarily or capriciously in determining that a postsettlement change of law concerning one alleged component of a settlement does not warrant unwinding the settlement. 2. Whether a federal stat ute stating that the Federal Energy Regulatory Commission “shall . . . provide for incentives to each transmitting utility or electric utility that joins a Transmission Organization,” 16 U.S.C. § 824s(c), applies regardless whether the utility joined a Transmission Organization voluntarily or pursuant to a state-law mandate. 3. Whether federal law preempts a state law mandating that a utility owning transmission assets within the state join a Transmission Organization. ii PARTIES IN THE COURT OF APPEALS The Office of the Ohio Consumers’ Counsel, which is listed in the caption of this petition as a respondent, was adverse to petitioner on all issues in the court of appeals. The Federal Energy Regulatory Commission, which is also listed in the caption as a respondent, was adverse to petitioner on some but not all issues in the court of appeals. Buckeye Power, Inc. and the Public Utilities Commission of Ohio, which were intervenors in the court of appeals, were adverse to petitioner in the court of appeals and are not included in the caption. Duke Energy Ohio, Inc., American Electric Power Service Corporation, Dayton Power & Light Company, and PJM Interconnection, L.L.C. were aligned with petitioner on some or all issues in the court of appeals and are not included in the caption. Ameren Services Company, as agent for Union Electric Company d/b/a Ameren Missouri, Ameren Illinois Company d/b/a Ameren Illinois, and Ameren Transmission Company of Illinois; American Transmission Company LLC; Cleco Power LLC; Duke Energy Business Services, LLC for Duke Energy Indiana, LLC; Entergy Arkansas, LLC; Entergy Louisiana, LLC; Entergy Mississippi, LLC; Entergy New Orleans, LLC; Entergy Texas, Inc.; Indianapolis Power & Light Company; International Transmission Company d/b/a ITCTransmission; ITC Midwest LLC; Michigan Electric Transmission Company, LLC; MidAmerican Energy Company; Minnesota Power (and its subsidiary Superior Water, L&P); Montana-Dakota Utilities Co.; Northern Indiana Public Service Company LLC; Northern States Power Company, a Minnesota corporation, and Northern States Power Company, a Wisconsin corporation, subsidiaries of iii Xcel Energy Inc.; Northwestern Wisconsin Electric Company; Otter Tail Power Company; Southern Indiana Gas & Electric Compa ny (d/b/a CenterPoint Energy Indiana South); and Wolverine Power Supply Cooperative, Inc., which were intervenors in the court of appeals, were aligned with petitioner on some or all issues and are not included in the caption.