WESTERN AREA POWER ADMINISTRATION, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent.
Southern California Edison Company, et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued February 26, 2008.
Decided May 2, 2008.
Attorney(s) appearing for the Case
Mark W. Pennak, Attorney, U.S. Department of Justice, and Harvey L. Reiter argued the cause for petitioners Western Area Power Administration, et al. With them on the briefs were Glen L. Ortman, Lucy Holmes Plovnick, M. Denyse Zosa, Wallace Lamar Duncan, Sean M. Neal, James D. Pembroke, Derek Anthony Dyson, William S. Huang, and Meg Meiser. Anthony A. Yang and Robert S. Greenspan, Attorneys, U.S. Department of Justice, and Robert C. McDiarmid, Lisa S. Gast, and Peter J. Scanlon entered appearances.
Rod S. Aoki argued the cause for petitioners Cogeneration Association of California and Energy Producers and Users Coalition. With him on the briefs were Michael Alcantar and Donald Brookhyser.
Samuel Soopper, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the briefs were Cynthia A. Marlette, General Counsel, and Robert H. Solomon, Solicitor. Patrick Y. Lee, Attorney, entered an appearance.
Kerry C. Klein argued the cause for intervenors. With her on the brief were Michael E. Ward, Mark D. Patrizio, and Jennifer L. Key. Anthony J. Ivancovich and Bradley R. Miliauskas entered appearances.
Opinion for the Court filed by Senior Circuit Judge EDWARDS.
United States Court of Appeals, District of Columbia Circuit.
EDWARDS, Senior Circuit Judge:
This case arises from the reorganization of the electric transmission grid in the state of California, the subsequent imposition of administrative fees by the California Independent Systems Operator ("ISO"), and the pass-through of those fees by Pacific Gas and Electric ("PG & E") to its customers. The decision of the Federal Energy Regulatory Commission ("FERC" or "Commission") to approve...
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