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CONSOL. EDISON CO. OF N.Y., INC. v. ABRAHAM

No. 02-1134.

314 F.3d 1299 (2002)

CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Long Island Lighting Company, Orange and Rockland Utilities, Inc., Southern California Edison Company, Pacific Gas & Electric Company, San Diego Gas & Electric Company, International Paper Company, Champion International Corporation, and Weyerhauser Company, Plaintiffs-Appellants, v. SPENCER ABRAHAM, Secretary of Energy, and George B. Breznay, Director, Office of Hearings and Appeals, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Rehearing and Rehearing Denied February 26, 2003.

Attorney(s) appearing for the Case

Philip P. Kalodner, of Gladwyne, PA, argued for plaintiffs-appellants.

Thomas H. Kemp, Office of the General Counsel, U.S. Department of Energy, of Washington, DC, argued of for defendants-appellees.

Before MAYER, Chief Judge, RADER, and LINN, Circuit Judges.

Rehearing and Rehearing En Banc Denied February 26, 2003.

PER CURIAM.

On summary judgment, the United States District Court for the District of Columbia held that the Department of Energy's (DOE) Office of Hearings and Appeals (OHA) lawfully applied its 1992 eligibility rule for crude oil overcharge refunds. Consolidated Edison Company of New York, Inc. and eight other claimants for crude oil overcharge refunds (collectively, Con Edison) challenge the district...

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