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VIRGINIA STATE CORP. COM'N v. F.E.R.C.

Nos. 05-1147, 05-1149.

468 F.3d 845 (2006)

VIRGINIA STATE CORPORATION COMMISSION, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent PJM Interconnection, L.L.C. and Virginia Electric and Power Company, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

November 21, 2006.

Attorney(s) appearing for the Case

John M. Adragna, Phyllis G. Kimmel, and William H. Chambliss, were on the brief for petitioner Virginia State Corporation Commission.

Robert F. McDonnell, Attorney General, Attorney General's Office for the Commonwealth of Virginia, Maureen Riley Matsen, Deputy Attorney General, C. Meade Browder, Jr., Senior Assistant Attorney General, and D. Mathias Roussy, Jr., Assistant Attorney General, were on the brief for petitioner Robert F. McDonnell, ex rel. Virginia Division of Consumer Counsel.

John S. Moot, General Counsel, Federal Energy Regulatory Commission, Robert H. Solomon, Solicitor, and Samuel Sooper, Attorney, were on the brief for respondent. Beth G. Pacella, Attorney, entered an appearance.

Kevin M. Downey was on the brief for intervenor Virginia Electric and Power Company.

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

Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

WILLIAMS, Senior Circuit Judge.

Petitioners challenge two orders of the Federal Energy Regulatory Commission declining to consider whether Virginia Electric and Power Company d/b/a Dominion Virginia Power ("Dominion") can treat as "regulatory assets" certain wholesale and retail costs associated with developing a Regional Transmission Organization ("RTO"). In a lengthy first order, FERC recognized...

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