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SOUTHERN CALIFORNIA EDISON CO. v. F.E.R.C.

No. 04-1396.

443 F.3d 94 (2006)

SOUTHERN CALIFORNIA EDISON COMPANY, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent Ormesa LLC, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided March 24, 2006.

Attorney(s) appearing for the Case

Catherine E. Stetson argued the cause for petitioner. With her on the briefs were Kevin J. Lipson, Douglas L. Beresford, Jessica L. Ellsworth, and J. Eric Isken.

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, and Dennis Lane, Former Solicitor.

Before: GARLAND, BROWN and GRIFFITH, Circuit Judges.

Opinion for the Court filed by Circuit Judge BROWN.

BROWN, Circuit Judge.

The Federal Energy Regulatory Commission certified intervenor Ormesa LLC (Ormesa) as a qualifying geothermal small power production facility, entitling it to certain privileges pursuant to Section 210 of the Public Utility Regulatory Policies Act of 1978 (PURPA), 16 U.S.C. § 824a-3. In particular, the certification permitted Ormesa to compel traditional utilities to purchase Ormesa...

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