NIAGARA MOHAWK POWER CORPORATION, Petitioner
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent
Reliant Energy, Inc., et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued April 10, 2006.
Decided June 23, 2006.
Attorney(s) appearing for the Case
Elias G. Farrah argued the cause for petitioners and intervenors in support of petitioners. With him on the briefs were Michael F. McBride, Rebecca J. Michael, Kenneth Jaffe, Donald J. Stauber, Jennifer L. Key, Donald K. Dankner, and Raymond B. Wuslich. Robert V. Zener and Phyllis E. Lemell entered appearances.
Diane T. Dean, Assistant Counsel, Public Service Commission of New York, argued the cause and filed the briefs for petitioner Public Service Commission of New York.
Robert H. Solomon, Solicitor, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief was John S. Moot, General Counsel.
Kenneth M. Simon argued the cause for Competitive Generators in support of respondent. With him on the brief were Michael J. Rustum, Robert C. Fallon, Deborah A. Carpentier, David E. Blabey, Edgar K. Byham, David Blake Johnson, Steven L. Miller, Steven A. Weiler, Kenneth Richard Carretta, Randolph Q. McManus, and Betsy R. Carr. Melissa E. Maxwell entered an appearance.
Arnold H. Quint was on the brief for intervenor New York Independent System Operator, Inc.
Before: GRIFFITH, Circuit Judge, and EDWARDS and SILBERMAN, Senior Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Senior Circuit Judge SILBERMAN.
SILBERMAN, Senior Circuit Judge.
New York electric power utilities and the New York State Public Service Commission petition for review of FERC orders approving and enforcing a tariff filed by the New York Independent System Operator (N.Y.ISO), the manager of New York's electric power transmission facilities. The tariff allows electricity generators that provide power to the transmission grid to...
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