PUBLIC SERVICE ELEC. AND GAS CO. v. F.E.R.C.

No. 05-1325.

485 F.3d 1164 (2007)

PUBLIC SERVICE ELECTRIC AND GAS COMPANY, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent Neptune Regional Transmission System, LLC, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided April 13, 2007.


Attorney(s) appearing for the Case

Michael E. Ward and John A. Levin argued the cause for petitioners. With them on the briefs were James H. McGrew, Peter K. Matt, David E. Goroff, Jodi L. Moskowitz, and Kenneth G. Jaffe.

Robert A. Weishaar, Jr., Vasiliki Karandrikas, Judith B. Appel, Attorney, New Jersey Division of the Ratepayer Advocate, and Helene S. Wallenstein, Senior Deputy Attorney General, Attorney General's Office of State of New Jersey, were on the brief for intervenor Gerdau Ameristeel Corp. and amici curiae New Jersey Division of the Ratepayer Advocate and New Jersey Board of Public Utilities in support of petitioners.

Michael E. Kaufmann, 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. Patrick Y. Lee, Attorney, Federal Energy Regulatory Commission, entered an appearance.

John N. Estes, III argued the cause for intervenor Neptune Regional Transmission System, LLC. With him on the brief was Donna M. Francescani.

Before: RANDOLPH and KAVANAUGH, Circuit Judges, and WILLIAMS, Senior Circuit Judge.


Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

WILLIAMS, Senior Circuit Judge:

PJM Interconnection LLC is a regional transmission organization ("RTO") that coordinates the movement of wholesale electricity in all or part of thirteen eastern states and the District of Columbia. Its more than 450 members include power generators, transmission owners, electricity distributors, power marketers, and large consumers. An open access tariff, filed with...

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