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CONSOLIDATED EDISON CO. OF NEW YORK v. F.E.R.C.

Nos. 01-1503, 02-1004, 02-1010 and 02-1187.

347 F.3d 964 (2003)

CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. NRG Power Marketing, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided November 7, 2003.

Attorney(s) appearing for the Case

William F. Young and Elias G. Farrah argued the cause for petitioners and intervenors in support of petitioners. With them on the briefs were Neil H. Butterklee, Elizabeth Ward Whittle, and J. Cathy Fogel. Arnold H. Quint entered an appearance.

Larry D. Gasteiger, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief were Cynthia A. Marlette, General Counsel, and Dennis Lane, Solicitor.

Howard E. Shapiro argued the cause for intervenors. With him on the brief were Kenneth M. Simon, Woody N. Peterson, David P. Yaffe, Jonathan D. Simon, and Steven A. Weiler.

Before: SENTELLE, ROGERS, and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

In these consolidated cases, we consider what remedies, particularly monetary ones with retroactive effect, are available for electric service providers and ultimately electricity consumers who experience substantial price increases when a deregulated energy market fails to operate properly. Here, the Federal Energy Regulatory Commission — though finding serious problems in the...

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