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IN RE CALIFORNIA POWER EXCHANGE CORP.

Nos. 00-71701, 01-70031.

245 F.3d 1110 (2001)

In re: CALIFORNIA POWER EXCHANGE CORPORATION California Power Exchange Corporation, Petitioner, Pacific Gas and Electric Company; Western Power Trading Forum; New York Mercantile Exchange; Automated Power Exchange, Inc.; Southern Energy California, LLC; Southern Energy Potrero, LLC; Southern Energy Delta, LLC; San Diego Gas and Electric Company; Industrial Customers of Northwest Utilities, Intervenors, v. Federal Energy Regulatory Commission, Respondent. City of San Diego, Petitioner, Southern Energy California, LLC; Southern Energy Potrero, LLC; Modesto Irrigation District (MID); City of Redding, California; City of Santa Clara, California; Southern Energy Delta, LLC; County of San Diego, Intervenors, v. Federal Energy Regulatory Commission, Respondent.

United States Court of Appeals, Ninth Circuit.

Submitted March 27, 2001.

Filed April 11, 2001.

Attorney(s) appearing for the Case

Carmen L. Gentile (argued) and James H. McGrew, Bruder, Gentile & Marcoux, LLP, for Petitioner California Power Exchange Corporation. Randolph Lee Elliott, Miller, Balis & O'Neil, P.C., Washington, D.C., for Petitioner City of San Diego.

Dennis Lane (argued), Federal Energy Regulatory Commission, Washington, D.C., for Respondent.

Before: Diarmuid F. O'Scannlain, Andrew J. Kleinfeld and Richard C. Tallman, Circuit Judges.

O'SCANNLAIN, Circuit Judge.

We must decide whether a California municipality and a California public utility which operates an auction for trading electricity are entitled to extraordinary relief from nonfinal orders of the Federal Energy Regulatory Commission addressing the crisis surrounding California's restructuring of its electricity market.

I

A

In 1996, the California legislature embarked upon a major restructuring of the California...

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