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POWER CO. OF AMERICA, L.P. v. F.E.R.C.

Nos. 99-1263 & 99-1333.

245 F.3d 839 (2001)

The POWER COMPANY OF AMERICA, L.P., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. PG&E Energy Trading-Power, L.P., et al., Intervenors. Consolidated with No. 99-1333

United States Court of Appeals, District of Columbia Circuit.

Decided April 17, 2001.

Attorney(s) appearing for the Case

Daniel Joseph argued the cause for petitioner. With him on the briefs were Merrill L. Kramer and Beth L. Hirschfelder.

David H. Coffman, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief was Dennis Lane, Solicitor. Susan J. Court, Special Counsel, entered an appearance.

Earle H. O'Donnell argued the cause for intervenor PG&E Energy Trading-Power, L.P., et al. With him on the brief were Donna M. Attanasio, Bruce A. Grabow, David P. Sharo, Jacob Dweck, Daniel E. Frank, Paul B. Turner, Terry D. Kernell and David I. Bloom. Joseph R. Hartsoe and Jeffery D. Watkiss entered appearances.

Before: EDWARDS, Chief Judge, GINSBURG and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

These are petitions for judicial review of a Federal Energy Regulatory Commission ruling that a 60-day notice-of-termination rule does not apply to power sales contracts terminated by 21 of the counter-parties of the Power Company of America (PCA).

PCA is a power marketer. As such, it buys and sells wholesale electricity at market-based rates but does not own generation...

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