MAINE PUBLIC UTILITIES COM'N v. F.E.R.C.

Nos. 06-1403, 06-1427, 07-1193.

625 F.3d 754 (2010)

MAINE PUBLIC UTILITIES COMMISSION, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent Connecticut Department of Public Utility Control, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided November 5, 2010.


Attorney(s) appearing for the Case

John S. Wright , Assistant Attorney General, Office of the Attorney General for the State of Connecticut, argued the cause for petitioners. With him on the brief were Michael C. Wertheimer , Assistant Attorney General, Jesse S. Reyes , Assistant Attorney General, Office of the Attorney General for the Commonwealth of Massachusetts, Vasiliki Karandrikas, Lisa Fink, and Robert A. Weishaar Jr.

Donald J. Sipe and Jonathan G. Mermin were on the brief for intervenor Industrial Energy Consumer Group in support of petitioners.

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

John N. Estes III argued the cause for intervenors Entergy Nuclear Generation Company, LLC, et al. in support of respondent. With him on the brief were John L. Shepherd Jr. , Christopher C. O'Hara , David Talmage Musselman , Aaron James Bullwinkel , Neil L. Levy , David G. Tewksbury , and Tim W. Muller.

Sherry A. Quirk , Monica M. Berry , and Raymond W. Hepper were on the brief for intervenor ISO New England Inc. in support of respondent.

Opinion for the court filed by SILBERMAN, Senior Circuit Judge.


SILBERMAN, Senior Circuit Judge:

These consolidated petitions for review are before us once again. The Maine Public Utilities Commission and the Attorneys General of Connecticut and Massachusetts, representing energy customers, challenged FERC's approval of a settlement agreement that redesigned New England's electricity capacity market. Although we rejected most of petitioners' challenges, we granted their petition regarding the argument that the settlement agreement...

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