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STATE OF CALIFORNIA EX REL. LOCKYER v. F.E.R.C.

Nos. 02-70336, 02-70578.

329 F.3d 700 (2003)

STATE OF CALIFORNIA, ex rel Bill LOCKYER, Attorney General, Petitioner, The City of Santa Clara; Transmission Agency of Northern California (TANC); Northern California Power Agency, Petitioner-Intervenor, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, PG & E National Energy Group Holdings Corporation, Respondent-Intervenor. Northern California Power Agency, Petitioner, Transmission Agency Of Northern California, City of Santa Clara, City of Palo Alto, Modesto Irrigation District (MID), Petitioner-Intervenor, v. Federal Energy Regulatory Commission, Respondent, Pacific Gas and Electric Company, National Energy Group, Respondent-Intervenor.

United States Court of Appeals, Ninth Circuit.

Filed May 15, 2003.

Attorney(s) appearing for the Case

Robert C. McDiarmid, Lisa G. Dowden, and Andrea G. Lonian, Spiegel & McDiarmid, Washington, D.C., for petitioner NCPA.

Ken Alex, Supervising Deputy Attorney General, Oakland, California, for petitioner the State of California.

Robert H. Solomon, Associate Solicitor, Federal Energy Regulatory Commission, for the respondent.

Earle H. O'Donnell and Andrew B. Young, Dewey Ballantine, Washington, D.C., for the intervenor PG & E National Energy Group, LLC.

Before: SILVERMAN and GOULD, Circuit Judges, and WEINER, Senior District Judge.

OPINION

GOULD, Circuit Judge:

This case involves a challenge to the Federal Energy Regulatory Commission's approval of a corporate reorganization of certain Pacific Gas & Electric Co. subsidiaries. The petitioners, the State of California and the Northern California Power Agency, contend that the restructuring was designed to shield assets worth millions of dollars from creditors. The petitioners raise procedural and substantive objections to the Commission...

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