COGENERATION ASS'N OF CAL. v. F.E.R.C.

No. 06-1178.

525 F.3d 1279 (2008)

COGENERATION ASSOCIATION OF CALIFORNIA and Energy Producers and Users Coalition, Petitioners v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. California Electricity Oversight Board and Pacific Gas & Electric Company, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 23, 2008.


Attorney(s) appearing for the Case

Donald E. Brookhyser argued the cause for petitioners. With him on the briefs was Michael Alcantar.

Jeffery S. Dennis, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief were John S. Moot, General Counsel, and Robert H. Solomon, Solicitor.

Mark D. Patrizio argued the cause for intervenors Pacific Gas & Electric Company and California Electricity Oversight Board in support of respondent. With him on the brief were Erik N. Saltmarsh and Jeffrey A. Diamond.

Opinion dissenting by Circuit Judge RANDOLPH.


GRIFFITH, Circuit Judge:

Pacific Gas & Electric Company ("PG & E") provides electricity transmission services for customers in northern and central California. A small fraction of the company's users are "standby customers": entities that generate their own electricity, but contract with PG & E for back-up supply in the event of power outages. The petitioners in this case, two unincorporated associations comprised...

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