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AMERICAN FOREST AND PAPER ASS'N v. F.E.R.C.

No. 07-1328.

550 F.3d 1179 (2008)

AMERICAN FOREST AND PAPER ASSOCIATION, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent Cogeneration Association of California, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 23, 2008.

Attorney(s) appearing for the Case

Donald J. Sipe argued the cause for petitioner. With him on the briefs was Jonathan G. Mermin.

Sara D. Schotland and Wayne R. Bidstrup were on the brief for amicus curiae Electricity Consumers Resource Council in support of petitioner.

Robert H. Solomon, Solicitor, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief were Cynthia A. Marlette, General Counsel, and Judith A. Albert, Senior Attorney.

Opinion for the Court filed by Circuit Judge BROWN.

BROWN, Circuit Judge:

Petitioners insist the term "markets" as used in the recent amendment to the Public Utility Regulatory Policies Act ("PURPA") must always denote a competitive market. The Federal Energy Regulatory Commission ("FERC") interprets the word "markets" to encompass both competitive and non-competitive markets. Because FERC's interpretation is reasonable, we deny the petition for review.

I. Background

Congress enacted PURPA in 1978...

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