CALIFORNIA DEPT. OF WATER RESOURCES v. F.E.R.C.

No. 01-71405.

341 F.3d 906 (2003)

CALIFORNIA DEPARTMENT OF WATER RESOURCES, Petitioner, Southern California Edison Company, Intervenor-Petitioner, Public Utilities Commission of the State of California; Pacificorp, Intervenors-Respondents, Southern California Edison Company, Intervenor, Dynegy Power Marketing, Inc., Intervenor-Respondent, El Segundo Power LLC; Long Beach Generation LLC; Cabrillo Power I LLC; Cabrillo Power II LLC.; South Coast Air Quality Maintenance District, Intervenors, Idacorp Energy L.P., Intervenor-Petitioner, Coral Power L.L.C.; Constellation Power Source, Inc., Intervenors-Respondents, Public Service Company of Colorado; Pinnacle West Capital Corporation; Arizona Public Service Company, Intervenors, Mirant Americas Energy Marketing, L.P.; Mirant California L.L.C.; Mirant Delta, L.L.C.; Mirant Portrero L.L.C., Intervenors-Respondents, Puget Sound Energy, Inc., Intervenor, Northern California Power Agency; Transmission Agency of Northern California; The M-S-R Public Power Company, Intervenors-Respondents, The Modesto Irrigation District, Intervenor-Petitioner, The City of Palo Alto, California; The City of Redding, California, Intervenors-Respondents, The City of Santa Clara, California, Intervenor-Petitioner, California Independent System Operator Corporation; Morgan Stanley Capital Group, Inc., Intervenors-Respondents, Williams Energy Marketing & Trading Company, Intervenor, Merrill Lynch Capital Services, Inc., Intervenor-Respondent, Portland General Electric Company; California Electricity Oversight Board, Intervenors, El Paso Merchant Energy, L.P., Intervenor-Respondent, The Port of Seattle, Washington, Intervenor, Duke Energy North America LLC; Duke Energy Trading And Marketing, LLC, Intervenors-Respondents, The City of Los Angeles Department of Water And Power, Intervenor-Petitioner, Sempra Energy Trading Corporation; Avista Energy, Inc.; City of Tacoma, Washington, Intervenors, Port of Seattle; City of Tacoma; Pacific Gas and Electric Company; Enron Power Marketing Inc., Intervenors-Respondents, Puget Sound Energy; California Independent System Operator Corporation, Intervenors, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed August 27, 2003.


Attorney(s) appearing for the Case

Edna Walz, Deputy Attorney General, Sacramento, California, and Peter C. Kissel, Washington, D.C., for the petitioner.

Robert H. Solomon, Deputy Solicitor, Federal Energy Commission, Washington, D.C., for the respondent.

Michael E. Ward, Swidler, Berlin, Shereff, Friedman, LLP, and Sean M. Neal, Duncan, Weinberg, Genzer & Pembroke, P.C., Washington, D.C., for the intervenors.

Before: MARY M. SCHROEDER, Chief Judge, DOROTHY W. NELSON and WILLIAM A. FLETCHER, Circuit Judges.


Argued and Submitted June 9, 2003 — San Francisco, California.

OPINION

SCHROEDER, Chief Judge.

The California Department of Water Resources ("DWR") is a state agency charged with managing California's water supply. As a by-product of its operation of dams and reservoirs, it generates electricity that is subject to federal regulation. The Federal Energy Regulatory Commission ("FERC") is a federal agency charged with regulating interstate energy...

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