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KEYSPAN-RAVENSWOOD v. F.E.R.C.

Nos. 02-1115, 02-1125, and 02-1150.

348 F.3d 1053 (2003)

KEYSPAN-RAVENSWOOD, LLC, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Consolidated Edison Company of New York, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided November 18, 2003.

Attorney(s) appearing for the Case

Elaine M. Walsh argued the cause for petitioners. With her on the briefs were Kenneth M. Simon, M. Eric Eversole, Mitchell F. Hertz, and Ashley C. Parrish.

Robert H. Solomon, Deputy Solicitor, Federal Energy Regulatory Commission, argued the cause for respondent. On the brief were Cynthia A. Marlette, General Counsel, Dennis Lane, Solicitor, and Timm L. Abendroth, Attorney.

Neil H. Butterklee argued the cause and filed the brief for intervenor Consolidated Edison Company of New York, Inc.

Lawrence G. Malone and Michelle L. Phillips were on the brief for intervenor Public Service Commission of the State of New York. Jonathan D. Feinberg entered an appearance.

Before: SENTELLE, RANDOLPH and ROGERS, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

These consolidated petitions challenge the manner in which the Federal Energy Regulatory Commission calculated a price cap for the New York City electric capacity market when it authorized the New York Independent System Operator ("NYISO") to change its pricing methodology. The NYISO was allowed to account for forced outages by measuring...

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