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AUTOMATED POWER EXCHANGE, INC. v. F.E.R.C.

No. 98-1415.

204 F.3d 1144 (2000)

AUTOMATED POWER EXCHANGE, INC., Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Pacific Gas and Electric Company, et al., Intervenors

United States Court of Appeals, District of Columbia Circuit.

Decided March 7, 2000.

Attorney(s) appearing for the Case

Martin V. Kirkwood argued the cause for petitioner. With him on the briefs was Clark Evans Downs.

Andrew K. Soto, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief were Jay L. Witkin, Solicitor, and John H. Conway, Deputy Solicitor.

Before: GINSBURG, ROGERS and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

Automated Power Exchange, Inc. ("APX") petitions for review of two orders of the Federal Energy Regulatory Commission ("FERC") asserting jurisdiction over APX as a public utility within the meaning of the Federal Power Act and requiring APX to file certain information about itself. APX operates a computerized marketplace in which buyers and sellers of electric energy enter into short...

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