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SOUTHERN CAL. EDISON CO. v. F.E.R.C.

Nos. 05-1327, 08-1384.

603 F.3d 996 (2010)

SOUTHERN CALIFORNIA EDISON COMPANY, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent Northern California Power Agency, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 4, 2010.

Attorney(s) appearing for the Case

Jennifer L. Key argued the cause for petitioner. With her on the briefs were Charles G. Cole, Alice E. Loughran, Jennifer Hasbrouck, and Anna J. Valdberg.

Robert M. Kennedy, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief were Thomas R. Sheets, General Counsel, and Robert H. Solomon, Solicitor.

Ashley C. Parrish argued the cause for intervenors Dynegy Moss Landing, LLC, et al. in support of respondent. With him on the brief were Neil L. Levy, David G. Tewksbury, Michael J. Rustum, Woody N. Peterson, David C. Dickey, and Christopher C. O'Hara. Betsy R. Carr, Gretchen Schott, and Robert C. Fallon entered appearances.

Opinion for the Court filed by Senior Circuit Judge SILBERMAN.

SILBERMAN, Senior Circuit Judge:

FERC approved a tariff filed by the California Independent System Operator ("CAISO"), manager of California's electric power transmission grid. Southern California Edison petitions for review of that FERC order because the tariff permitted generators of electricity to avoid paying significant retail charges for the energy they used—whether self-generated or not—for their own heating, lighting, air conditioning and office...

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