MIDWEST ISO TRANSMISSION OWNERS v. F.E.R.C.

Nos. 02-1121, 02-1122, 03-1236, 03-1256.

373 F.3d 1361 (2004)

MIDWEST ISO TRANSMISSION OWNERS, et al., Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Public Service Commission of the Commonwealth of Kentucky, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 16, 2004.


Attorney(s) appearing for the Case

Paul M. Flynn argued the cause for petitioners Midwest ISO Transmission Owners, et al. John E. McCaffrey argued the cause for Public Service Commission of the Commonwealth of Kentucky, et al. With them on the briefs were David W. D'Alessandro, Michael E. Small, and Robert H. Benna. Jeffrey G. DiSciullo and Linda S. Portasik entered appearances.

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

Stephen L. Teichler argued the cause for intervenors Midwest Independent Transmission System Operator, Inc., et al. With him on the brief were Stephen G. Kozey, David Martin Connelly, Jeffrey L. Landsman, Christine C. Ryan, A. Hewitt Rose, III, Gary D. Bachman, Evan Charles Reese, III, William F. Fields, Sandra L. Hall, Susan Stevens Miller, David W. D'Alessandro, John E. McCaffrey, Robert Campbell McDiarmid, Larissa A. Shamraj, Denise C. Goulet, and David J. Lynch. Richard G. Raff entered an appearance.

Before: GINSBURG, Chief Judge, and SENTELLE and ROBERTS, Circuit Judges.


Opinion for the Court filed by Circuit Judge ROBERTS.

ROBERTS, Circuit Judge:

I.

1. In the bad old days, utilities were vertically integrated monopolies; electricity generation, transmission, and distribution for a particular geographic area were generally provided by and under the control of a single regulated utility. Sales of those services were "bundled," meaning consumers paid a single price for generation, transmission, and distribution. As...

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