CONSTELLATION ENERGY COMMODITIES GROUP, INC., Petitioner
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent.
California Power Exchange Corporation, et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued May 10, 2006.
Decided July 18, 2006.
Attorney(s) appearing for the Case
David C. Frederick argued the cause for petitioners Constellation Energy Commodities Group, Inc., Powerex Corp., and supporting intervenors. With him on the briefs were Scott H. Angstreich, Paul W. Fox, Andrea M. Kearney, Ronald N. Carroll, John T. Stough, Jr., Kevin M. Downey, Charles V. Garcia, James C. Beh, Jeffrey M. Jakubiak, Robert C. McDiarmid, Daniel I. Davidson, and Lisa G. Dowden.
Richard L. Roberts argued the cause for petitioner Southern California Edison Company and intervenor Pacific Gas and Electric Company. With him on the briefs were Catherine M. Giovannoni, Melanie J. Teplinsky, Stephen E. Pickett, Michael D. Mackness, Julie A. Miller, Mark D. Patrizio, Joseph H. Fagan, and Stan Berman. Paul B. Mohler entered an appearance.
Lona T. Perry, 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, Solicitor.
David C. Frederick, Scott H. Angstreich, Paul W. Fox, Andrea M. Kearney, and Ronald N. Carroll were on the brief for intervenors in support of respondent.
Richard L. Roberts, Catherine M. Giovannoni, Melanie J. Teplinsky, Stephen E. Pickett, Michael D. Mackness, Julie A. Miller, Erik N. Saltmarsh, Mary F. McKenzie, Traci Bone, Mark D. Patrizio, Joseph H. Fagan, and Stan Berman were on the brief for intervenors California Electricity Oversight Board, et al. in support of respondent. Arocles Aguilar, Sean H. Gallagher, and Victoria S. Kolakowski entered appearances.
Before: GINSBURG, Chief Judge, and TATEL and GARLAND, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Chief Judge GINSBURG.
GINSBURG, Chief Judge.
The bankruptcy of the California Power Exchange Corporation (the CalPX or the PX) in March 2001 gave rise to several proceedings before the Federal Energy Regulatory Commission and to the orders before us today. Petitioners Constellation Energy Commodities Group, Inc. and Powerex Corporation ("the sellers")* argue the Commission misinterpreted the CalPX...
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