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PSEG ENERGY RESOURCES & TRADE LLC v. F.E.R.C.

No. 02-1276.

360 F.3d 200 (2004)

PSEG ENERGY RESOURCES & TRADE LLC, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. New York Independent System Operator, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 16, 2004.

Attorney(s) appearing for the Case

Kenneth R. Carretta argued the cause for petitioner. With him on the briefs was Jason A. Lewis.

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.

William F. Young argued the cause for intervenor New York Independent System Operator. With him on the brief were Neil H. Butterklee and Elizabeth A. Grisaro.

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

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

After concluding that unusually high prices in New York electricity markets resulted from a structural flaw in those markets, the operator of the state's power transmission system invoked its authority to lower the prices retroactively. A company that lost money because of these price reductions filed a complaint with the Federal Energy Regulatory Commission, arguing among other things...

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