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

Consolidated with Nos. 99-1390, 99-1399 and 99-1444.

236 F.3d 708 (2001)

PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA, et al., Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. El Paso Municipal Customer Group, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 12, 2001.


Attorney(s) appearing for the Case

Harvey Y. Morris and David G. Leitch argued the causes for petitioners Public Utilities Commission of the State of California, et al. With them on the briefs were Mary Anne Mason, Douglas Kent Porter, Frederick T. Kolb and Katherine Bourke Edwards. Arocles Aguilar entered an appearance.

Laura J. Vallance, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were John H. Conway, Acting Solicitor, and Susan J. Court, Acting Deputy Solicitor.

Kenneth M. Minesinger argued the cause for intervenors El Paso Natural Gas Company and Dynegy Marketing and Trade. With him on the brief were Richard C. Green, Judy A. Johnson and Peter G. Esposito.

Before: GINSBURG, RANDOLPH and ROGERS, Circuit Judges.


Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

Petitioners1 seek review of four orders of the Federal Energy Regulatory Commission ("FERC") relating to three pipeline capacity sale contracts between El Paso Natural Gas Company ("El Paso") and Dynegy Marketing and Trade ("Dynegy") (formerly National Gas Clearinghouse). Petitioners contend that in approving the...

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