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XCEL ENERGY SERVICES INC. v. F.E.R.C.

No. 06-1174.

510 F.3d 314 (2007)

XCEL ENERGY SERVICES INC., Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided December 14, 2007.

Attorney(s) appearing for the Case

Floyd L. Norton, IV argued the cause for petitioner. With him on the briefs were Heath K. Knakmuhs and William M. Dudley.

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.

Before: GARLAND and GRIFFITH, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

WILLIAMS, Senior Circuit Judge:

Section 205 of the Federal Power Act, 16 U.S.C. § 824d, and FERC regulations, 18 C.F.R. § 35.3, require that utilities provide 60 days prior notice to the Federal Regulatory Energy Commission before a rate takes effect. FERC may waive that requirement, however, "for good cause shown." Id. at § 35.11. Xcel Energy Services, Inc. challenges FERC...

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