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

Nos. 03-1025, 03-1108, 03-1305.

373 F.3d 1315 (2004)

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

United States Court of Appeals, District of Columbia Circuit.

Decided July 9, 2004.

Rehearing Denied August 27, 2004.

Attorney(s) appearing for the Case

Stan Berman argued the cause for petitioner. With him on the briefs were Paul B. Mohler and Mark D. Patrizio. Joseph H. Fagan entered an appearance.

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

Robert H. Loeffler, Paul W. Fox, Andrea M. Settanni, Margaret A. Moore, and Alan Z. Yudkowsky were on the brief for intervenors. Bruce A. Eisen and David O. Bickart entered appearances.

Before: EDWARDS, SENTELLE and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

Petitioner, the Pacific Gas & Electric Company ("PG&E"), seeks this Court's review of final orders issued by the Federal Energy Regulatory Commission ("FERC") that establish a procedure for funding the wind-up costs of the now-defunct California Power Exchange Corporation ("CalPX"). Those orders established a regime whereby former CalPX customers, like PG&E, were assessed...

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