PACIFIC GAS AND ELEC. CO. v. U.S.

Attorney(s) appearing for the Case

CARTER GLASGOW PHILLIPS , Sidley Austin LLP, Washington, DC, argued for plaintiffs-appellants. Also represented by TOBIAS SAMUEL LOSS-EATON , QUIN M. SORENSON ; MARIE L. FIALA , San Francisco, CA; STAN BERMAN , Seattle, WA.

JANE IRENE RYAN , Steptoe & Johnson, LLP, Washington, DC, for plaintiff-appellant Southern California Edison Company. Also represented by HEATHER HORNE.

MARK FOGELMAN , Friedman & Springwater, LLP, San Francisco, CA, for plaintiff-appellant San Diego Gas & Electric Company. Also represented by RUTH STONER MUZZIN.

GARY ALEXANDER , Office of the Attorney General, California Department of Justice, San Francisco, CA, for plaintiffs-appellants People of the State of California Ex Rel. Edmund G. Brown, Jr., Attorney General of the State of California, California Department of Water Resources.

JAMES R. SWEET , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for defendant-appellee. Also represented by BENJAMIN C. MIZER , ROBERT E. KIRSCHMAN, JR. , MARTIN F. HOCKEY, JR. ; MARK WILLIAM PENNAK , Appellate Staff, Civil Division, United States Department of Justice, Washington, DC.

CANDACE J. MOREY , California Public Utilities Commission, San Francisco, CA, for amicus curiae Public Utilities Commission of the State of California. Also represented by AROCLES AGUILAR.

JAMES BRADFORD RAMSAY , National Association of Regulatory Utility Commissioners, Washington, DC, for amicus curiae National Association of Regulatory Utility Commissioners.

Dissenting opinion filed by Circuit Judge NEWMAN.