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KEYSPAN-RAVENSWOOD, LLC v. F.E.R.C.

No. 05-1332.

474 F.3d 804 (2007)

KEYSPAN-RAVENSWOOD, LLC, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent New York Independent System Operator, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 12, 2007.

Attorney(s) appearing for the Case

Kenneth M. Simon argued the cause for petitioner. With him on the briefs was Robert C. Fallon.

Judith A. Albert, 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.

Neil H. Butterklee argued the cause for intervenors Consolidated Edison Company of New York, Inc., et al. With him on the brief were James J. Dixon, Elias G. Farrah, and Rebecca J. Michael in support of respondent.

William F. Young, Susan E. Dove, and Carl F. Patka were on the brief for intervenor New York Independent System Operator, Inc. in support of respondent.

Before: HENDERSON and TATEL, Circuit Judges, and SILBERMAN, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge.

Petitioner, an owner and operator of electric generation facilities in New York City, appeals an order of the Federal Energy Regulatory Commission, arguing that the Commission acted arbitrarily and capriciously in deciding that the New York Independent System Operator (N.Y.ISO) had not violated the filed rate doctrine in establishing a pair of formulae for translating "installed capacity...

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