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COLORADO OFFICE OF CONSUMER COUNSEL v. F.E.R.C.

No. 04-1238.

490 F.3d 954 (2007)

COLORADO OFFICE OF CONSUMER COUNSEL, et al., Petitioners v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent American Gas Association, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 22, 2007.

Attorney(s) appearing for the Case

Lynn N. Hargis argued the cause for petitioners. With her on the briefs was Gerald A. Norlander.

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 Michael E. Kaufmann, Attorney.

Scott H. Angstreich argued the cause for intervenors. With him on the brief were David C. Frederick, Brendan J. Crimmins, Paul W. Fox, John D. McGrane, Edward H. Comer, Gary D. Bachman, Cheryl Feik Ryan, Howard E. Shapiro, John T. Stough, Jr., and Kevin M. Downey. Andrea M. Kearney, Erin M. Murphy, and Charles V. Garcia entered appearances.

Before: ROGERS, TATEL and GRIFFITH, Circuit Judges.

Opinion for the Court filed PER CURIAM.

PER CURIAM.

In a proceeding under section 206 of the Federal Power Act (FPA), the Federal Energy Regulatory Commission determined that anticompetitive and market manipulative practices were making market-based electricity transmission rates unjust and unreasonable. See Investigation of Terms and Conditions of Public Utility Market-Based Rate Authorizations, 97 F.E.R.C. ¶ 61,220, at 61,974-75 (2001) (initiating...

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