NEW YORK REGIONAL INTERCONNECT, INC. v. F.E.R.C.

No. 09-1309.

634 F.3d 581 (2011)

NEW YORK REGIONAL INTERCONNECT, INC., Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Central Hudson Gas & Electric Corporation, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided February 11, 2011.


Attorney(s) appearing for the Case

William D. Booth argued the cause for petitioner. With him on the briefs was Jennifer A. Morrissey .

Donald K. Dankner and Raymond Wuslich were on the brief for intervenor Central Hudson Gas & Electric Corporation in support of petitioner.

Albert A. Foer was on the brief for amicus curiae American Antitrust Institute in support of petitioner.

Eugene Grace was on the brief for amicus curiae American Wind Energy Association.

Holly E. Cafer , 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.

Joseph J. Saltarelli argued the cause for intervenors New York Independent System Operator, Inc., et al. With him on the joint brief were Jodi L. Moskowitz , Joseph B. Nelson , and Neil H. Butterklee . Tamara L. Linde , William F. Young , and Brian M. Zimmet entered appearances.

Opinion for the Court filed by Chief Judge SENTELLE.


SENTELLE, Chief Judge:

Petitioner, New York Regional Interconnect, Inc. ("NYRI"), is a New York corporation whose sole business is the development, construction, operation, and maintenance of a future high-voltage transmission line in the state of New York. The high-voltage transmission line contemplated by NYRI would be within the jurisdiction of the New York ISO—an independent regional transmission organization that operates, but does not own, the power transmission...

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