MAINE PUBLIC UTILITIES COMMISSION, Petitioner
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent
Connecticut Department of Public Utility Control, et al., Interveners.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued February 14, 2008.
Decided March 28, 2008.
Attorney(s) appearing for the Case
Lisa Fink, Attorney, Maine Public Utilities Commission, and John S. Wright, Assistant Attorney General, Attorney General's Office of State of Connecticut, argued the cause for petitioners. With them on the briefs were Lisa S. Gast, L. Elise Dieterich, Richard Blumenthal, Attorney General, Attorney General's Office of State of Connecticut, Michael C. Wertheimer, Assistant Attorney General, Martha Coakley, Attorney General, Attorney General's Office for the Commonwealth of Massachusetts, and Jesse S. Reyes, Assistant Attorney General.
Donald J. Sipe, Mary E. Grover, Stephen L. Teichler, Robert A. Weishaar, Jr., and Vasiliki Karandrikas were on the briefs for intervenors in support of petitioners. Jonathan G. Mermin and Linda S. Lockhart entered appearances.
Jeffery S. Dennis, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief were Cynthia A. Marlette, General Counsel, and Robert H. Solomon, Solicitor.
John N. Estes, III argued the cause for intervenors FPL Energy, LLC. With him on the brief were Randall L. Speck, Scott Harris Strauss, Scott Phillip Myers, James Kilburn Mitchell, Paul Franklin Wight, Larry F. Eisenstat, George E. Johnson, Christopher C. O'Hara, Kenneth L. Wiseman, Mark F. Sundback, Christopher Rhodes Jones, Kenneth Richard Carretta, David Talmage Musselman, and Aaron James Bullwinkel. Jennifer L. Spina entered an appearance.
Sherry A. Quirk, Robin E. Remis, and Kathleen A. Carrigan were on the brief for intervenor ISO New England Inc. in support of respondent. Kerim P. May entered an appearance.
Barry S. Spector and Paul M. Flynn were on the brief for amicus curiae PJM Interconnection, L.L.C. in support of respondent.
Before: ROGERS and GARLAND, Circuit Judges, and SILBERMAN, Senior Circuit Judge.
United States Court of Appeals, District of Columbia Circuit.
PER CURIAM:
The consolidated petitions for review challenge FERC's approval of a comprehensive settlement that redesigned New England's capacity market. The Maine Public Utilities Commission and the Attorneys General of Connecticut and Massachusetts assert that FERC's approval of the settlement was arbitrary and capricious, contrary to law, and beyond the Commission's jurisdiction. We reject most of these arguments, but we agree with the petitioners that the Commission...
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