PSEG ENERGY RESOURCES & TRADE LLC v. F.E.R.C.

No. 10-1103.

665 F.3d 203 (2011)

PSEG ENERGY RESOURCES & TRADE LLC and PSEG Power Connecticut LLC, Petitioners v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent ISO New England Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 23, 2011.


Attorney(s) appearing for the Case

John Lee Shepherd, Jr. argued the cause for petitioner. With him on the briefs were Kenneth R. Carretta and Sally Brown Richardson .

Jennifer S. Amerkhail, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief was Robert H. Solomon, Solicitor.

Kerim P. May and Sherry A. Quirk were on the brief for intervenor ISO New England Inc.

John S. Wright and Michael C. Wertheimer, Assistant Attorneys General, Office of the Attorney General for the State of Connecticut, and Joseph A. Rosenthal and Randall L. Speck , were on the brief for intervenors George C. Jepsen , Attorney General, et al.

Opinion for the Court filed by Circuit Judge GARLAND.


GARLAND, Circuit Judge:

In this petition for review, PSEG Energy Resources & Trade LLC and PSEG Power Connecticut LLC (collectively, PSEG) challenge orders of the Federal Energy Regulatory Commission (FERC) accepting the results of an auction for electric generation capacity conducted by ISO New England Inc. In those orders, FERC approved ISO New England's determination that, unlike other resources in the region, PSEG's resources in Connecticut could not reduce...

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