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SACRAMENTO MUN. UTILITY DIST. v. F.E.R.C.

Nos. 07-1208, 07-1216, 07-1217, 07-1513, 08-1298, 08-1311.

616 F.3d 520 (2010)

SACRAMENTO MUNICIPAL UTILITY DISTRICT, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. California Independent System Operator Corporation, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 23, 2010.

Attorney(s) appearing for the Case

Carolyn F. Corwin and Harvey L. Reiter argued the causes for petitioners San Diego Gas & Electric Company and Sacramento Municipal Utility District on CRR Issues. With them on the briefs were James R. Dean, Jr. , Don Garber , and Lucy Holmes Plovnick . William L. Massey and Glen L. Ortman entered appearances.

Lisa G. Dowden , Harvey L. Reiter , and Deborah A. Swanstrom argued the causes for petitioners City and County of San Francisco, California, Imperial Irrigation District, and Sacramento Municipal Utility District on Tariff Charge Issues. When them on the briefs were Meg Meiser, Theresa Mueller , M. Denyse Zosa , and Lodie D. White .

Sean M. Neal , Michael Postar , and Bhaveeta K. Mody were on the brief for intervenors Modesto Irrigation District and Transmission Agency of Northern California in support of petitioners. Wallace L. Duncan and Derek A. Dyson entered appearances.

Beth G. Pacella , Senior Attorney, and Samuel Soopper , Attorney, Federal Energy Regulatory Commission, argued the causes for respondent. With them on the brief was Robert H. Solomon , Solicitor.

Kenneth G. Jaffe argued the cause for intervenors in support of respondent. With him on the brief were Michael E. Ward , Nancy J. Saracino , Daniel J. Shonkwiler , Roger E. Collanton , Jennifer L. Key , E. Kathleen Moore , Christopher C. O'Hara , Arthur Lawrence Haubenstock , Charles Ragan Middlekauff , Jeffery D. Watkiss , and Stuart Caplan . Bradley R. Miliauskas entered an appearance.

Before: BROWN, GRIFFITH and KAVANAUGH, Circuit Judges.

PER CURIAM:

Following the California energy crisis of 2000-01, the California Independent System Operator (California ISO or the ISO) began the process of redesigning California's electricity market. The Federal Energy Regulatory Commission (FERC or the Commission) issued a series of orders providing guidance on California ISO's proposals. Ultimately, in four orders issued between 2006 and 2008, the Commission approved the ISO's new market design, rejecting the numerous...

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