NEW MEXICO ATTORNEY GENERAL v. FEDERAL ENERGY REGULATORY COMMISSION

No. 04-1398, Consolidated with 04-1399.

466 F.3d 120 (2006)

NEW MEXICO ATTORNEY GENERAL, PETITIONER, v. FEDERAL ENERGY REGULATORY COMMISSION, RESPONDENT SOUTHWEST POWER POOL, INC., ET AL., INTERVENORS

United States Court of Appeals, District of Columbia Circuit.

Decided October 13, 2006.


Attorney(s) appearing for the Case

Paul L. Zimmering argued the cause for petitioners. With him on the briefs were Michael R. Fontham, Noel J. Darce, Stuart M. Bluestone, Deputy Attorney General, Attorney General's Office for the State of New Mexico, and Jeff Taylor, Assistant Attorney General.

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, Solicitor. Lona T. Perry, Attorney, entered an appearance.

Michael E. Small argued the cause and filed the brief for intervenor Southwest Power Pool, Inc.

Before: SENTELLE, ROGERS, and GARLAND, Circuit Judges.


PER CURIAM:

By orders issued February 10, 2004, and October 1, 2004, the Federal Energy Regulatory Commission (FERC) conditionally approved, subject to the submission of further compliance filings, Southwest Power Pool's (SPP's) application for recognition as a Regional Transmission Organization. See Southwest Power Pool, 106 F.E.R.C. ¶ 61,110 (2004), order on reh'g, 109 F.E.R.C. ¶ 61,010 (2004). On November 26, 2004, the Petitioners filed...

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