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BRAINTREE ELEC. LIGHT DEPT. v. F.E.R.C.

Nos. 04-1335, 05-1210, 05-1212, 06-1144.

550 F.3d 6 (2008)

BRAINTREE ELECTRIC LIGHT DEPARTMENT, et al., Petitioners v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent ISO New England Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 16, 2008.

Argued October 21, 2008.

Attorney(s) appearing for the Case

John P. Coyle argued the cause and filed the briefs for petitioners.

Colleen Mary McConnell, Assistant Attorney General, Attorney General's Office for the Commonwealth of Massachusetts, and Bruce C. Johnson, Attorney, Office of Consumer Counsel, were on the brief for intervenors in support of petitioners. Joseph W. Rogers, Assistant Attorney General, Attorney General's Office for the Commonwealth of Massachusetts, entered an appearance.

Beth G. Pacella, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were Cynthia A. Marlette, General Counsel, and Robert H. Solomon, Solicitor. John P. Coyle, Attorney, entered an appearance.

Howard H. Shafferman and Daniel R. Simon were on the brief for intervenor ISO New England Inc.

Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

WILLIAMS, Senior Circuit Judge:

This appeal presents the issue of whether the Federal Energy Regulatory Commission may approve rates filed by a Regional Transmission Organization ("RTO") to cover the cost of activity that for some purposes may be classified as lobbying. Rejecting petitioners' contentions that approval of the rates was arbitrary and capricious and violated their First Amendment rights, we affirm FERC's orders.

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