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BONNEVILLE POWER ADMIN. v. F.E.R.C.

Nos. 02-70262, 02-70274, 03-70185, 02-70270, 02-70294.

422 F.3d 908 (2005)

BONNEVILLE POWER ADMINISTRATION, Petitioner, City of Tacoma; Port of Seattle; Coral Power, L.L.C.; Constellation Energy Commodities Group, Inc., Intervenors, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, PacifiCorp, Respondent-Intervenor. Arizona Electric Power Cooperative, Inc.; Dynegy Power Marketing, Inc.; Duke Energy North America, LLC, Duke Energy Trading and Marketing, LLC, (Collectively, "Duke Energy"); El Paso Merchant Energy L.P.; Metropolitan Water District of Southern California; Williams Energy Marketing & Trading Company; Reliant Energy Power Generation, Inc., Petitioners, Coral Power, L.L.C., Intervenor, v. Federal Energy Regulatory Commission, Respondent. Southern California Edison Company; City of Los Angeles Department of Water and Power, Petitioners, Port of Seattle; City of Tacoma; People of the State of California; City of Pasadena; City of San Diego; CA State Assembly, Petitioners-Intervenors, v. Federal Energy Regulatory Commission, Respondent. Sacramento Municipal Utility District, Petitioner, Port of Seattle; City of Tacoma; People of the State of California; City of Pasadena; City of San Diego; CA State Assembly, Petitioners-Intervenors, City of Pasadena, California, Intervenor, v. Federal Energy Regulatory Commission, Respondent. Azusa, Banning, Colton, and Riverside, California, Petitioner, Coral Power, L.L.C.; Constellation Energy Commodities Group, Inc., Intervenors, v. Federal Energy Regulatory commission, Respondent, PacifiCorp, Respondent-Intervenor.

United States Court of Appeals, Ninth Circuit.

Filed September 6, 2005.

Attorney(s) appearing for the Case

Howard Shapiro, Van Ness Feldman, Washington, D.C.; Mark W. Pennak, United States Department of Justice, Appellate Staff, Washington, D.C., for petitioner Public Entities and petitioner-intervenors.

Dennis Lane, Solicitor, Federal Energy Regulatory Commission, Washington, D.C., for respondent Federal Energy Regulatory Commission.

Deborah A. Swanstrom, Patton Boggs, Washington, D.C., for petitioner-intervenor Salt River Project Agricultural Improvement and Power District.

Richard L. Roberts, Steptoe & Johnson, Washington, D.C.; Traci Bone, Public Utilities Commission of the State of California, San Francisco, CA, for respondent-intervenor California Parties.

J. Phillip Jordan, Swidler Berlin, Washington, D.C., for respondent-intervenor California Independent System Operator Corp.

Before: THOMAS, McKEOWN, and CLIFTON, Circuit Judges.

McKEOWN, Circuit Judge:

The California energy crisis of 2000 and 2001 is a subject that is well-known to this court and to the public.1 Following moves in the mid-1990s to deregulate and restructure the California market, prices soared. In an effort to remedy in part what it termed a "dysfunctional" and "seriously flawed" market, the Federal Energy Regulatory Commission ("FERC" or "Commission") ordered both public and non-public utilities...

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