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SACRAMENTO MUNICIPAL UTILITY v. F.E.R.C.

No. 05-1231.

474 F.3d 797 (2007)

SACRAMENTO MUNICIPAL UTILITY DISTRICT, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent California Independent System Operator Corp., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 5, 2007.

Attorney(s) appearing for the Case

Harvey L. Reiter argued the cause for petitioner. With him on the briefs were Glen L. Ortman, Dennis Lane, Lucy Holmes Plovnick, and Linda M. Nagel.

Carol J. Banta, 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. Judith A. Albert, Attorney, entered an appearance.

Michael E. Ward, Anthony J. Ivancovich, Daniel J. Shonkwiler, Mark D. Patrizio, and Stuart K. Gardiner were on the brief for intervenors California Independent System Operator Corporation, et al. in support of respondent.

Before: GINSBURG, Chief Judge, and SENTELLE and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

For the second time in as many years, petitioner, a local utility, seeks review of a Federal Energy Regulatory Commission order denying it the opportunity to continue purchasing transmission services through a contract that expired at the end of 2004. Finding petitioner's claims meritless, we deny the petition.

I.

Under a contract signed in 1967, Pacific Gas & Electric...

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