IDACORP ENERGY L.P. v. F.E.R.C.

No. 04-1145.

433 F.3d 879 (2006)

IDACORP ENERGY L.P., Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent California Independent System Operator Corporation, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 10, 2006.


Attorney(s) appearing for the Case

Lawrence G. Acker argued the cause for petitioner IDACORP Energy L.P. With him on the briefs was Brett A. Snyder.

J. Phillip Jordan argued the cause for petitioner California Independent System Operator Corporation. With him on the briefs were Robert V. Zener and Anthony J. Ivancovich.

Beth G. Pacella, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were John S. Moot, General Counsel, and Robert H. Solomon, Deputy Solicitor. Dennis Lane, Former Solicitor, entered an appearance.

Lawrence G. Acker and Brett A. Snyder were on the brief for intervenor IDACORP Energy L.P. in support of respondent.

J. Phillip Jordan, Robert V. Zener, Anthony J. Ivancovich, Mark D. Patrizio, Stan Berman, and Joseph H. Fagan were on the brief for intervenors California Independent System Operator Corporation and Pacific Gas and Electric Company in support of respondent. Michael E. Ward entered an appearance.

Before: ROGERS, TATEL, and GRIFFITH, Circuit Judges.


Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge.

Despite daunting technical discussions of neutrality adjustments and megawatt-hours contained in the parties' many briefs, this case is really just a billing dispute between the entity that runs the California electric grid and one of its customers. The Federal Energy Regulatory Commission rejected the customer's claim for a refund, and the customer now argues the biller (1) impermissibly...

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