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BLUMENTHAL v. F.E.R.C.

No. 09-1220.

613 F.3d 1142 (2010)

Richard BLUMENTHAL, Attorney General for the State of Connecticut, and Connecticut Office of Consumer Counsel, Petitioners v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. ISO New England Inc. and New England Power Pool Participants Committee, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 16, 2010.

Attorney(s) appearing for the Case

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

Beth G. Pacella, Senior Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were Thomas R. Sheets, General Counsel, and Robert H. Solomon, Solicitor.

Opinion for the Court filed by Circuit Judge KAVANAUGH.

KAVANAUGH, Circuit Judge:

This case arises because the State of Connecticut thinks that executives with ISO New England—a non-profit entity that administers New England's wholesale electricity market—got too greedy when setting executive compensation.

Utility companies like ISO New England must file their proposed electric power tariffs—including their proposed executive compensation—with the Federal Energy Regulatory Commission...

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