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PACIFIC GAS AND ELEC. CO. v. F.E.R.C.

No. 02-1002.

326 F.3d 243 (2003)

PACIFIC GAS AND ELECTRIC COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Northern California Power Agency, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided April 25, 2003.

Attorney(s) appearing for the Case

John S. Moot argued the cause for petitioner. With him on the briefs was Kathryn Kavanagh Baran.

Timm Abendroth, 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.

Daniel I. Davidson argued the cause for customer intervenors. With him on the brief were Robert C. McDiarmid, Lisa G. Dowden, Peter J. Hopkins, Glen L. Ortman, Michael N. McCarty, Wallace L. Duncan, James D. Pembroke, Richmond F. Allan and Michael Postar. Harvey L. Reiter entered an appearance.

Robert S. Greenspan and Christine N. Kohl, Attorneys, U.S. Department of Justice, were on the brief for federal intervenors.

Before: RANDOLPH and ROGERS, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed by Senior Circuit Judge STEPHEN F. WILLIAMS.

STEPHEN F. WILLIAMS, Senior Circuit Judge:

Pacific Gas and Electric Co. disputes the meaning of two agreements between it and Western Area Power Administration, a federal entity that operates hydroelectric projects in the West. The agreements (a contract and an amendment to the contract) provide "load shaping" for Western, i.e., give it access to PG&E's non-hydro power to balance...

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