PUBLIC UTILITY DIST. SNOHOMISH CTY. v. F.E.R.C.

Nos. 00-1174 through 00-1182, 00-1184.

272 F.3d 607 (2001)

PUBLIC UTILITY DISTRICT NO. 1 OF SNOHOMISH COUNTY, WASHINGTON, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. PJM Interconnection, L.L.C., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 11, 2001.


Attorney(s) appearing for the Case

Eric L. Christensen argued the cause for petitioner Public Utility District No. 1 of Snohomish County, Washington. With him on the briefs were Michael J. Gianunzio and Deborah A. Swanstrom.

David B. Raskin and Elias G. Farrah argued the cause for Jurisdictional Utilities and Supporting Intervenors. With them on the briefs were Mary A. Murphy, David P. Sharo, Charles G. Cole, Alice E. Loughran, Richard T. Saas, Donald A. Kaplan, Andrew N. Greene, David Earl Goroff, Elizabeth Ward Whittle, Stuart A. Caplan, Michael E. Small and Paul M. Flynn. Catherine M. Giovannoni, Steven J. Ross, Edward H. Comer, Kelly D. Hewitt, Joseph H. Fagan and Scott Wilensky entered appearances.

Jonathan D. Schneider argued the cause and filed the briefs for petitioner South Carolina Public Service Authority.

Susan N. Kelly and Milton J. Grossman were on the brief for intervenor Transmission Dependent Utility Systems.

Dennis Lane, Solicitor, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief was Larry D. Gasteiger, Attorney. Beth G. Pacella and David H. Coffman, Attorneys, entered appearances.

Robert C. McDiarmid, Daniel I. Davidson, Cynthia S. Bogorad, Susan N. Kelly, Milton J. Grossman and Barry Cohen were on the brief for intervenors American Public Power Association, et al. Joseph P. Serio, Wallace F. Tillman, Alan J. Roth and David E. Pomper entered appearances.

David B. Raskin and Charles G. Cole were on the brief for intervenor Edison Electric Institute on the passive ownership issue.

Before: RANDOLPH, ROGERS, and GARLAND, Circuit Judges.


Opinion for the Court filed PER CURIAM.

PER CURIAM:

On December 20, 1999, the Federal Energy Regulatory Commission promulgated a final rule to advance the formation of regional transmission organizations ("RTOs"). See Regional Transmission Organizations, Order No.2000, FERC Stats. & Regs. ¶ 31,089 (1999), 65 Fed.Reg. 810 (2000) ("Order 2000"), on reh'g, Order No. 2000-A, FERC Stats. & Regs. ¶ 31,092, 65 Fed.Reg. 12,088 (2000...

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