PUBLIC UTILITIES COMMISSION OF the STATE OF CALIFORNIA; California Electric Oversight Board, Petitioners,
Pacific Gas and Electric Company; Nevada Power Company; Southern California Edison Co. ("Edison"); Department of Water and Power of the City of Los Angeles, Public Service Department of the City of Burbank, Public Service Department of the City of Glendale, and Water and Power Department of the City of Pasadena (Collectively "LADWP, et al."); Sempra Energy; Mirant Americas Energy Marketing, L.P.; Coral Power; PPM Energy; Public Utility District No. 1 of Snohomish County, Washington; Dynegy Power Marketing Inc., Intervenors,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent.
California Electric Oversight Board; California Public Utilities Commission, Petitioners,
Nevada Power Company; Southern California Edison Co. ("Edison"); Department of Water and Power of the City of Los Angeles, Public Service Department of the City of Burbank, Public Service Department of the City of Glendale, and Water and Power Department of the City of Pasadena (Collectively "LADWP, et al."); Sempra Energy; Mirant Americas Energy Marketing, L.P.; PPM Energy; Public Utility District No. 1 of Snohomish County, Washington; Dynegy Power Marketing Inc., Intervenors,
v.
Federal Energy Regulatory Commission, Respondent.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted December 8, 2004.
Filed December 19, 2006.
Attorney(s) appearing for the Case
William J. Kayatta, Jr. (argued), Arocles Aguilar, Sean Gallagher, Jonathan Bromson, Public Utilities Commission of the State of California, San Francisco, CA; William J. Kayatta, Jr., Jared S. des Rosiers, Louise K. Thomas, Deborah L. Shaw, Christopher T. Roach, Pierce Atwood, Portland, ME; Erik N. Saltmarsh, Erin Koch-Goodman, California Electric Oversight Board, Sacramento, CA (on the brief), for the petitioners.
Dennis Lane (argued), Cynthia A. Marlette, Dennis Lane, Lona T. Perry, Federal Energy Regulatory Commission, Washington, D.C. (on the brief), for the respondent.
Richard P. Bress (argued), John N. Estes III, W. Mason Emnett, Skadden, Arps, Slate, Meagher & Flom, LLP, New York, N.Y.; Jeffrey D. Watkiss, Bracewell & Patterson, Washington, D.C.; Richard P. Bress, Michael J. Gergen, David G. Tewksbury, Latham & Watkins, LLP, Washington, D.C. (on the brief), for the intervenors-respondents.
Roger A. Berliner, Stephen M. Ryan, Manatt, Phelps & Phillips, Washington, D.C.; C. Stanley Hunterton, Hunterton & Associates, Las Vegas, NV, on the joint brief, for intervenors Public Utility District No. 1 of Snohomish County, Washington, Nevada Power Company, Sierra Pacific Power Company, and Southern California Water Company.
Julie Simon, Electric Power Supply Association, Washington, D.C.; Andrew B. Brown, Ellison, Schneider & Harris, LLP, Sacramento, CA, on the amici curiae brief, for the Independent Energy Producers Association, Electric Power Supply Association, and Western Power Trading Forum.
Marcus Wood, Jennifer E. Horan, Stoel Rives, LLP Portland, OR, on the brief of intervenor PPM Energy, Inc.
Before BROWNING, PREGERSON, and BERZON, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
BERZON, Circuit Judge.
As in Public Utility District No. 1 v. FERC ("PUD"), Nos. 03-72511, et al. (9th Cir. Dec. ___, 2006), a related case also decided today, the petitioners—here, the California Public Utilities Commission ("PUC") and the California Electric Oversight Board ("CEOB") (collectively, "Public Utilities Commission")—challenge the statutory validity of electric power rates in certain wholesale power contracts. Again as in ...
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