INDEPENDENT ENERGY PRODUCERS ASSOCIATION, INC., et al., Plaintiffs-Appellants,
v.
CALIFORNIA PUBLIC UTILITIES COMMISSION, Defendant-Appellee, and
San Diego Gas and Electric Company; Pacific Gas and Electric Company, et al., Defendants-Intervenors-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted February 8, 1994.
Withdrawn from Submission February 11, 1994.
Resubmitted September 15, 1994.
Decided September 22, 1994.
Attorney(s) appearing for the Case
Gordon P. Erspamer, Morrison & Foerster, San Francisco, CA, for plaintiffs-appellants.
Ellen S. LeVine, California Public Utilities Com'n, San Francisco, CA, for defendant-appellee.
Michael C. Tierney, San Diego Gas & Electric Co., Randall J. Litteneker, Pacific Gas & Electric Co., San Francisco, CA, John R. McDonough, Carlsmith, Ball, Wichman, Murray, Case & Ichiki, Los Angeles, CA, for defendants-intervenors-appellees.
Susan Tomasky, Jerome M. Feit, Eric L. Christensen, Washington, DC, for amicus curiae Federal Energy Regulatory Com'n.
Before: FLETCHER, KOZINSKI and TROTT, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
FLETCHER, Circuit Judge:
Independent Energy Producers Association, Inc.,1 Sithe Energies, Inc., and Destec Energy, Inc. (collectively "Independent Energy") appeal the district court's summary judgment in favor of the California Public Utilities Commission ("the CPUC") and Pacific Gas & Electric Co., San Diego Gas & Electric Co., and Southern California Edison Co. ("the Utilities"). Independent Energy brought this action in federal...
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