MAINE PUBLIC UTILITIES COMMISSION, et al., Petitioners
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent.
Massachusetts Municipal Wholesale Electric Company, et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued April 21, 2006.
Decided June 30, 2006.
Attorney(s) appearing for the Case
Charles G. Cole argued the cause for Transmission Owner Petitioners and supporting intervenors. With him on the briefs were David B. Raskin, Alice E. Loughran, Kenneth G. Jaffe, Elias G. Farrah, Mary E. Grover, Thomas N. Wies, G. Philip Nowak, Michael E. Small, Sonia C. Mendonca, and Mary A. Murphy. Michael F. McBride, Wendy N. Reed, and Stephen L. Teichler entered appearances.
Harvey L. Reiter argued the cause for State Commission Petitioners and supporting intervenors. With him on the briefs were Lucy Holmes Plovnick, John P. Coyle, Scott H. Strauss, and Randall L. Speck. Dennis Lane, Allan B. Taylor, and Michael P. Shea entered appearances.
Robert H. Solomon, Solicitor, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief were John S. Moot, General Counsel, and Judith A. Albert, Attorney.
David B. Raskin, Charles G. Cole, Alice E. Loughran, Kenneth G. Jaffe, Elias G. Farrah, Mary E. Grover, Thomas N. Wies, G. Philip Nowak, Michael E. Small, Sonia C. Mendonca, and Mary A. Murphy were on the brief for intervenors Transmission Owners in support of respondent on Retention of Return of Equity Adder. Wendy N. Reed entered an appearance.
Harvey L. Reiter, Lucy Holmes Plovnick, John P. Coyle, Scott H. Strauss, and Randall L. Speck were on the brief for intervenors in support of FERC on Elimination of ROE Adder and RTO Termination Provisions. John E. McCaffrey entered an appearance.
Before: GINSBURG, Chief Judge, and ROGERS and GARLAND, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
ROGERS, Circuit Judge.
In these consolidated cases1, owners of electric transmission facilities and several state public utility commissions petition for review of orders of the Federal Energy Regulatory Commission conditionally approving a proposal to form a regional transmission organization in New England ("RTO-NE"). The transmission owner members ("TOs") challenge FERC's authority to reject...
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