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SOUTHERN CAL. WATER v. FED. ENERGY REGULATORY

No. 04-1324.

433 F.3d 840 (2005)

SOUTHERN CALIFORNIA WATER COMPANY, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent Mirant Americas Energy Marketing, L.P., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided December 30, 2005.

Attorney(s) appearing for the Case

Randolph Lee Elliott argued the cause and filed the briefs for petitioner.

Carol J. Banta, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were Cynthia A. Marlette, General Counsel, and Dennis Lane, Solicitor.

Before: HENDERSON and BROWN, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

STEPHEN F. WILLIAMS, Senior Circuit Judge.

Southern California Water Company, a public utility that distributes electricity to retail customers in San Bernardino County, California, challenges two orders of the Federal Energy Regulatory Commission. It contends that the Commission misapplied the concept of "incremental cost" as used in the Western System Power Pool ("WSPP") Agreement; as a result...

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