CONNECTICUT DEPARTMENT OF PUBLIC UTILITY CONTROL, et al., Petitioners
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent.
Braintree Electric Light Department, et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued December 8, 2009.
Decided January 29, 2010.
Attorney(s) appearing for the Case
Randall L. Speck argued the cause for petitioners. With him on the briefs were Harvey L. Reiter, Michael C. Wertheimer and John S. Wright, Assistant Attorneys General, Attorney General's Office of the State of Connecticut, Lisa Fink, and Bruce C. Johnson.
Lona T. Perry, Senior 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.
Scott H. Strauss, Jeffrey A. Schwarz, Jesse S. Reyes, Assistant Attorney General, Attorney General's Office of the Commonwealth of Massachusetts, and John P. Coyle were on the briefs for intervenors Massachusetts Municipal Wholesale Electric Company, et al. in support of petitioners. Joseph W. Rogers, Assistant Attorney General, Attorney General's Office of the Commonwealth of Massachusetts, entered an appearance.
Kenneth G. Jaffe, David B. Raskin, Elias G. Farrah, Mary E. Grover, Richard M. Lorenzo, Mary A. Murphy, Phyllis E. Lemell, G. Philip Nowak, C. Fairley Spillman, Wendy N. Reed, and Sonia C. Mendonca were on the brief for intervenors transmission Owners in support of respondent. Charles G. Cole, Alice E. Loughran, and Amanda M. Riggs entered appearances.
Opinion for the Court filed by Senior Circuit Judge WILLIAMS.
United States Court of Appeals, District of Columbia Circuit.
WILLIAMS, Senior Circuit Judge:
In calculating the permissible return on equity for ISO New England, Inc., a regional organization of transmission owners, the Federal Energy Regulatory Commission explicitly hiked the rate in order to induce the ISO and its members to proceed swiftly in the completion of certain key transmission projects. It applied the incentive—a 100 basis point bonus in their return on equity—...
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