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CALIFORNIA INDEPENDENT SYSTEM OPERATOR v. F.E.R.C.

Nos. 02-1287, 02-1318, 02-1333, 02-1345 and 02-1350.

372 F.3d 395 (2004)

CALIFORNIA INDEPENDENT SYSTEM OPERATOR CORPORATION, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Duke Energy North America, LLC, et al., Intervenors

United States Court of Appeals, District of Columbia Circuit.

Decided June 22, 2004.

Attorney(s) appearing for the Case

Louis R. Cohen argued the cause for petitioner California Independent System Operator Corporation. With him on the briefs were Jonathan J. Frankel, IJay Palansky, and Anthony J. Ivancovich. Michael F. Ruggio, Sheila S. Hollis, Stephen L. Teichler, and William R. Mapes, Jr. entered appearances.

Sean H. Gallagher argued the cause for petitioners Public Utilities Commission of the State of California, et al. With him on the briefs were Arocles Aguilar, Elizabeth M. McQuillan, Erik N. Saltmarsh, and Erin R. Koch-Goodman.

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

Randolph Q. McManus, Melissa E. Maxwell, Debra Raggio Bolton, Mark L. Perlis, John N. Estes III, Robert Campbell McDiarmid, and Lisa G. Dowden. Daniel I. Davidson, Donna M. Sauter and Michael A. Yuffee entered appearances.

Before: EDWARDS, SENTELLE and ROGERS, Circuit Judges.

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

California Independent System Operator Corporation ("CAISO"), a "public benefit corporation," along with two state agencies of California, petition this court for review of a final order of the Federal Energy Regulatory Commission ("FERC") purporting to replace the governing board of CAISO, chosen according to a method dictated by California statute, with a new board chosen through...

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