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ELECTRICITY CONSUMERS RESOURCE COUNCIL v. F.E.R.C.

No. 03-1449.

407 F.3d 1232 (2005)

ELECTRICITY CONSUMERS RESOURCE COUNCIL, Petitioner 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 May 13, 2005.

Attorney(s) appearing for the Case

Sara D. Schotland argued the cause for petitioner. With her on the briefs was Robert A. Weishaar, Jr.

Lona T. Perry, 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.

Jonathan D. Feinberg was on the brief for intervenor Public Service Commission of the State of New York.

William F. Young and Susan E. Dove were on the brief for intervenor New York Independent System Operator, Inc. Arnold H. Quint entered an appearance.

Frederick W. Morris, James J. Bertrand, Brian M. Meloy, Debra R. Bolton, Scott G. Silverstein, Mary M. Fabic, and Kenneth R. Carretta were on the brief for intervenors NRG Companies, et al.

Before: SENTELLE, ROGERS and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge.

The Electricity Consumers Resource Council ("ELCON") challenges two orders of the Federal Energy Regulatory Commission approving a rate design for the installed capacity market administered by the New York Independent System Operator, Inc. ("NYISO"). See N.Y. Indep. Sys. Operator, Inc., 2003 WL 21155022, 103 F.E.R.C. ¶ 61,201 (2003) ("Initial Order"); NY Indep...

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