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BLUMENTHAL v. F.E.R.C.

No. 07-1130.

552 F.3d 875 (2009)

Richard BLUMENTHAL, Attorney General for the State of Connecticut, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent NEPOOL Industrial Customer Coalition, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 23, 2009.

Attorney(s) appearing for the Case

Michael C. Wertheimer, Assistant Attorney General, Attorney General's Office of State of Connecticut, argued the cause for petitioner. With him on the briefs was John S. Wright, Assistant Attorney General.

Robert A. Weishaar Jr. and Vasiliki Karandrikas were on the brief for intervenor NEPOOL Industrial Customer Coalition in support of petitioner.

Jennifer S. Amerkhail, 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.

Mark E. Nagle, William R. Derasmo, Anne K. Dailey, and Kenneth R. Carretta were on the brief for intervenors Dominion Energy Marketing, Inc., et al. in support of respondent.

Theodore J. Paradise, Sherry A. Quirk, and Debra A. Palmer were on the brief for intervenor ISO New England Inc. in support of respondent.

Opinion for the Court filed by Circuit Judge GRIFFITH.

GRIFFITH, Circuit Judge:

The Federal Energy Regulatory Commission (FERC) rejected Connecticut's challenge to the structure of the state's electricity market. FERC concluded that the current "hybrid" market, in which some electricity generators sell power at regulated rates and others at market rates, is lawful, and that Connecticut's proposed alternative would not be. We hold that FERC's denial of Connecticut's complaint was not arbitrary and capricious and thus deny...

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