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PUBLIC UTILITIES COM'N OF CALIFORNIA v. F.E.R.C.

No. 00-1203.

254 F.3d 250 (2001)

PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA, 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 July 6, 2001.

Attorney(s) appearing for the Case

Sean H. Gallagher argued the cause for petitioner. With him on the briefs was Arocles Aguilar.

Lona T. Perry, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief was Dennis Lane, Solicitor.

Edward Berlin, Kenneth G. Jaffe, Robert V. Zener, Michael E. Ward, Robert C. McDiarmid, Lida G. Dowden and Andrea G. Lonian were on the brief for intervenors Northern California Power Agency and California Independent System Operator Corporation. Daniel I. Davidson entered an appearance.

Before: Williams, Ginsburg and Rogers, Circuit Judges.

Opinion for the Court filed by Circuit Judge Rogers.

ROGERS, Circuit Judge:

The Public Utilities Commission of the State of California ("CALPUC") seeks review of orders by the Federal Energy Regulatory Commission allowing the California Independent System Operator ("ISO") to enter into "Reliability Must-Run" ("RMR") contracts with generators owned by entities not subject to the Commission's rate jurisdiction, and to pass through the costs of such contracts...

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