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EDISON MISSION ENERGY, INC. v. F.E.R.C.

No. 03-1228.

394 F.3d 964 (2005)

EDISON MISSION ENERGY, INC. and Edison Mission Marketing & Trading, Inc., Petitioners v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent Consolidated Edison Company of New York, Inc., et al., Intervenors

United States Court of Appeals, District of Columbia Circuit.

Decided January 14, 2005.

Attorney(s) appearing for the Case

Peter W. Brown argued the cause for petitioners. With him on the briefs were Richard C. Mooney and Pamela G. Van Horn.

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 intervenors in support of respondent. With him on the brief were Susan E. Dove, Elias G. Farrah, Rebecca J. Michael, Neil H. Butterklee, and Edgar K. Byham. David E. Blabey, Donald K. Dankner and David P. Yaffe entered appearances.

Diane T. Dean argued the cause and filed the brief for intervenor-appellee Public Service Commission of New York.

Before: EDWARDS and RANDOLPH, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

STEPHEN F. WILLIAMS, Senior Circuit Judge.

Edison Mission, an independent power producer (which we treat as one with its fellow petitioner, a wholly owned subsidiary engaged in power marketing), challenges two rulings of the Federal Energy Regulatory Commission. It says that the rulings allow the New York Independent System Operator ("NYISO") to "mitigate," i.e., unilaterally reduce, the bid prices that generators and marketers submit to sell power in New York State...

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