SITHE NEW ENGLAND HOLDINGS, LLC, et al., Petitioners,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent.
Northeast Utilities Service Company, Petitioner,
v.
Federal Energy Regulatory Commission, Respondent.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
Heard August 1, 2002.
Decided October 4, 2002.
Attorney(s) appearing for the Case
David B. Raskin with whom Charles G. Cole, Joseph E. Stubbs, Steptoe & Johnson LLP, Northeast Utilities Service Company, Frederic Lee Klein, Assistant General Counsel, Northeast Utilities Service Company, Scott G. Silverstein, Sithe Energies Inc., Richard P. Bress, Michael J. Gergen, Latham & Watkins, PG&E National Energy Group, Inc, PG&E Generating Company, LLC, USGen New England, Inc., PG&E Energy Trading Power, L.P., John N. Estes III, Paul Franklin Wight, Skadden, Arps, Slate, Meagher & Flom, Sithe New England Holdings, LLC, FPL Energy, LLC, Larry F. Eisenstat, George E. Johnson, Dickstein Shapiro Morin & Oshinsky LLP, Duke Energy North America, LLC were on brief for petitioners.
Larry D. Gasteiger with whom Cynthia A. Marlette, General Counsel, and Dennis Lane, Solicitor, Federal Energy Regulatory Commission, were on brief for respondent.
Lisa Fink, Staff Attorney, with whom Harvey L. Reiter, Stinson Morrison Hecker LLP, Richard M. Lorenzo, Heidi M. Werntz, Huber Lawrence & Abell, Michael E. Small, Wendy N. Reed, Wright & Talisman, P.C., Robert V. Zener and Swidler Berlin Shereff Friedman, LLP were on brief for intervenors State of Maine Public Utilities Commission, Maine Public Utilities Commission and Vermont Department of Public Service, Central Maine Power Company, Bangor Hydro-Electric Company and National Grid USA.
Before BOUDIN, Chief Judge, GIBSON, Senior Circuit Judge, and TORRUELLA, Circuit Judge.
United States Court of Appeals, First Circuit.
BOUDIN, Chief Judge.
In this case, a number of electric power companies that supply surplus power to other distributors petition for review of a set of orders of the FERC. The only issue, narrow but complicated, is whether FERC erred in determining that the so-called ICAP charge in New England for a thirteen-month period now past (August 1, 2000-August 31, 2001) should be held at $0.17 per kw-month rather than set at a much higher figure sought by the petitioning...
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