TRANSMISSION AGENCY OF NORTHERN CALIF. v. F.E.R.C.

Nos. 05-1402, 06-1246.

495 F.3d 663 (2007)

TRANSMISSION AGENCY OF NORTHERN CALIFORNIA, et al., Petitioners v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Southern California Edison Company, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 20, 2007.


Attorney(s) appearing for the Case

Dennis M.P. Ehling argued the cause for petitioners. With him on the briefs were Roger D. Stark, Wallace L. Duncan, James D. Pembroke, Michael Postar, Peter J. Scanlon, Sean M. Neal, and Kristen Connolly McCullough.

Wallace F. Tillman, Lisa G. Dowden, Daniel I. Davidson, Robert C. McDiarmid, Susan N. Kelly, Jonathan D. Schneider, Harvey L. Reiter, and Linda M. Nagel were on the briefs for intervenor and amici curiae in support of petitioner. Eugene Tillman entered an appearance.

Samuel Soopper, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief were John S. Moot, General Counsel, and Robert H. Solomon, Solicitor.

Stuart K. Gardiner argued the cause for intervenors in support of respondent. With him on the brief were Anna J. Valdberg, Jennifer L. Key, Michael E. Ward, Anthony J. Ivancovich, Daniel J. Shonkwiler, Erik N. Saltmarsh, and Jeffrey A. Diamond. Victoria S. Kolakowski entered an appearance.

Before: GINSBURG, Chief Judge, and HENDERSON and GRIFFITH, Circuit Judges.


Opinion for the Court filed by Circuit Judge GRIFFITH.

GRIFFITH, Circuit Judge:

Petitioners challenge three orders1 of the Federal Energy Regulatory Commission ("FERC") that require the City of Vernon, California ("Vernon") to issue refunds to the California Independent System Operator Corporation ("CAISO") for overcollection of its transmission revenue requirement ("TRR").

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