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PPL WALLINGFORD ENERGY LLC v. F.E.R.C.

Nos. 03-1292, 04-1062.

419 F.3d 1194 (2005)

PPL WALLINGFORD ENERGY LLC and PPL EnergyPlus, LLC, Petitioners v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent Massachusetts Municipal Wholesale Electric Company, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 9, 2005.

Attorney(s) appearing for the Case

John Longstreth argued the cause for petitioners. With him on the briefs were Donald A. Kaplan and Sandra E. Rizzo.

David H. Coffman, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief were Cynthia A. Marlette, General Counsel, and Dennis Lane, Solicitor.

Before: GINSBURG, Chief Judge, and HENDERSON and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge.

This case raises the question of whether FERC's rejection of a PPL-ISO-NE RMR agreement covering CTs in a NEPOOL DCA violates the APA because FERC ignored PPL's objections to FERC's PUSH and LMP assumptions.1 We conclude that it does. For those not fluent in the language of FERC, a translation follows.

I

Petitioners PPL Wallingford Energy...

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