SACRAMENTO MUNICIPAL UTILITY DISTRICT, Petitioner
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent
Modesto Irrigation District, et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued September 9, 2005.
Decided November 1, 2005.
Attorney(s) appearing for the Case
Harvey L. Reiter argued the cause for petitioner. With him on the briefs were Glen L. Ortman, Adrienne E. Clair, John E. McCaffrey, and Lucy Holmes Plovnick.
Bill Lockyer, Attorney General, Attorney General's Office of the State of California, Mary E. Hackenbracht, Senior Assistant Attorney General, Peter C. Kissel, and Elisa J. Grammer were on the brief for California Department of Water Resources.
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, Dennis Lane, Solicitor, and Judith A. Albert, Attorney.
Michael E. Ward, Anthony J. Ivancovich, Mark D. Patrizio, Stuart K. Gardiner, E. Gregory Barnes, Michael D. Mackness, and Ellen A. Berman were on the brief for intervenors California Independent System Operator, et al. in support of respondent. Jennifer L. Key and J. Phillip Jordan entered appearances.
Before: SENTELLE, RANDOLPH, and ROGERS, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge RANDOLPH.
RANDOLPH, Circuit Judge.
The Sacramento Municipal Utility District ("Sacramento") sought an order from the Federal Energy Regulatory Commission compelling the major California utilities1 to continue providing it with long-term firm transmission service. Sacramento asserted a right of first refusal under the Commission's "Order No. 888."2 The Commission...
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