CONSOLIDATED EDISON COMPANY, NEW YORK v. F.E.R.C.

Nos. 06-1025, 06-1027.

510 F.3d 333 (2007)

CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., et al., Petitioners v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. KeySpan-Ravenswood, LLC, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 18, 2007.


Attorney(s) appearing for the Case

Elias G. Farrah and William F. Young argued the cause for petitioners. With them on the briefs were Rebecca J. Michael, Neil H. Butterklee, and James J. Dixon.

Jeffery S. Dennis, 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.

Kenneth M. Simon argued the cause for intervenors KeySpan-Ravenswood, LLC, Long Island Power Authority, and NRG Power Marketing, Inc. With him on the brief were Mark L. Perlis, David P. Yaffe, Howard E. Shapiro, Steven A. Weiler, Robert C. Fallon, and Christopher C. O'Hara. James J. Bertrand entered an appearance.

Before: ROGERS and GARLAND, Circuit Judges, and SILBERMAN, Senior Circuit Judge.


Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

In these consolidated cases, the Petitioners challenge two orders of the Federal Energy Regulatory Commission ("FERC") following our decision in Consolidated Edison Co. of New York v. FERC, 347 F.3d 964 (D.C.Cir.2003). In Con Edison, the court remanded two issues to FERC for further explanation in connection with the remedies available...

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