CONNECTICUT DEPARTMENT OF PUBLIC UTILITY CONTROL, Petitioner
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent
New England Power Pool Participants Committee, et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued May 12, 2009.
Decided June 23, 2009.
Attorney(s) appearing for the Case
Randall L. Speck argued the cause and filed the briefs for petitioner.
John S. Wright and Michael C. Wertheimer, Assistant Attorneys General, Attorney General's Office of State of Connecticut, Jesse S. Reyes, Assistant Attorney General, Attorney General's Office of Commonwealth of Massachusetts, and Lisa C. Fink were on the briefs for intervenors Richard Blumenthal, Attorney General for the State of Connecticut, Maine Public Utilities Commission, and Massachusetts Department of Public Utilities in support of petitioner. Lisa S. Gast entered an appearance.
James Bradford Ramsay, William H. Smith, Jr., Frank R. Lindh, Mary F. McKenzie, Christopher E. Clay, Michael A. Cox, Attorney General, Attorney General's Office of State of Michigan, Steven D. Hughey, Michael A. Nickerson, and Patricia S. Barone, Assistant Attorneys General, David D'Alessandro, Harvey L. Reiter, Anne Milgram, Attorney General, Attorney General's Office of State of New Jersey, Margaret Comes, Deputy Attorney General, Jonathan D. Feinberg, Gisele L. Rankin, John A. Levin, and Florence P. Belser were on the brief of amici curiae National Association of Regulatory Utility Commissioners et al. in support of petitioner. Grace D. Reyes and Caroline Vachier, Assistant Attorney General, Attorney General's Office of State of New Jersey, entered appearances.
Nancy H. Rogers, Attorney General, Attorney General's Office of State of Ohio, and Duane W. Luckey and Thomas W. McNamee, Assistant Attorneys General, were on the brief for amicus curiae State of Ohio in support of petitioner.
Samuel Soopper, 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 New England Power Pool Participants Committee, et al. With him on the brief were Scott Phillip Myers, Paul Franklin Wight, James C. Beh, Shay Dvoretzky, Larry F. Eisenstat, George E. Johnson, and Christopher C. O'Hara.
Sherry A. Quirk and Montina M. Cole were on the brief for intervenor ISO New England, Inc. in support of respondent.
Barry S. Spector and Paul M. Flynn were on the brief of amicus curiae PJM Interconnection, L.L.C. in support of respondent.
Ashley C. Parrish and David G. Tewksbury were on the brief for amicus curiae The Electric Power Supply Association in support of respondent.
Opinion for the Court filed by Circuit Judge TATEL.
United States Court of Appeals, District of Columbia Circuit.
TATEL, Circuit Judge:
Today we address a question we have twice deferred: whether the Federal Energy Regulatory Commission has jurisdiction to review something called the Installed Capacity Requirement (ICR), a key input into the market-based mechanism that determines transmission tariffs and end-user costs in the New England bulk power system. The question is presented here by the Connecticut Department of Public Utility...
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