NSTAR ELEC. & GAS CORP. v. F.E.R.C.

Nos. 05-1362, 05-1363.

481 F.3d 794 (2007)

NSTAR ELECTRIC & GAS CORPORATION, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent USGen New England, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 9, 2007.


Attorney(s) appearing for the Case

Stephen L. Teichler argued the cause for petitioners. With him on the briefs were Harvey L. Reiter, John E. McCaffrey, Lucy H. Plovnick, Linda M. Nagel, Mary E. Grover, and Lisa Fink.

Robert H. Solomon, Solicitor, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief were John S. Moot, General Counsel, and Beth G. Pacella, Senior Attorney. Lona T. Perry, Attorney, entered an appearance.

Howard H. Shafferman argued the cause for intervenor ISO New England Inc. With him on the brief was Perry D. Robinson.

Allan B. Taylor, Michael P. Shea, Donald K. Dankner, Jeanne M. Dennis, and Margaret H. Claybour were on the brief for intervenors USGen New England, Inc. and New England Power Pool. Raymond B. Wuslich entered an appearance.

Before: ROGERS and TATEL, Circuit Judges, and WILLIAMS, Senior Circuit Judge.


Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

WILLIAMS, Senior Circuit Judge.

This dispute involves agreements over the wholesale price of electricity in situations where local transmission shortages obstructed competitive market pricing in the New England power market. Petitioner NSTAR Electric & Gas Corporation seeks review of three orders of the Federal Energy Regulatory Commission: Mirant Americas Energy Marketing, L.P., 112...

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