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CALIFORNIA DEPT. OF WATER RESOURCES v. F.E.R.C.

No. 04-76131.

489 F.3d 1029 (2007)

CALIFORNIA DEPARTMENT OF WATER RESOURCES, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed June 7, 2007.

Attorney(s) appearing for the Case

Deborah L. Barnes, Deputy Attorney General, Sacramento, CA; Peter C. Kissel and Elisa J. Grammer, Law Offices of GKRSE, Washington, DC, for the petitioner.

Carol J. Banta, Office of General Counsel, Federal Energy Regulatory Commission, Washington, DC, for the respondent.

Mark D. Patrizio, San Francisco, CA, for respondent-intervenor Pacific Gas and Electric Company.

Jennifer L. Key, Steptoe & Johnson, Washington, DC, for respondent-intervenor Southern California Edison Company.

Michael E. Ward, Alston & Bird, Washington, DC, and Charles F. Robinson, Folsom, CA, for respondent-intervenor California Independent System Operator Corporation.

Before PROCTER HUG, JR., A. WALLACE TASHIMA, and WILLIAM A. FLETCHER, Circuit Judges.

OPINION

TASHIMA, Circuit Judge:

The California Department of Water Resources ("DWR") petitions for review of a Federal Energy Regulatory Commission ("FERC") order permitting intervenor Pacific Gas and Electric Company ("PG & E") to include in its tariff for use of PG & E power transmission lines charges for $132 million worth of various facilities previously classified as generation tie lines and generation step-up transformers ("GSUs").

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