CITY OF REDDING, CAL. v. F.E.R.C.

Nos. 09-72775, 09-72789, 09-72791.

693 F.3d 828 (2012)

CITY OF REDDING, CALIFORNIA, Petitioner, Northern California Power Agency, Petitioner-Intervenor, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, People of the State of California; Pacific Gas and Electric Company; Public Utilities Commission of the State of California; Southern California Edison Company, Respondents-Intervenors. Arizona Electric Power Cooperative, Inc., Petitioner, Northern California Power Agency, Petitioner-Intervenor, v. Federal Energy Regulatory Commission, Respondent, California Independent System Operator Corporation, Respondent-Intervenor. Bonneville Power Administration; Western Area Power Administration, Petitioners, v. Federal Energy Regulatory Commission, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed August 27, 2012.


Attorney(s) appearing for the Case

Michael F. Hertz, Thomas M. Bondy, Mark Pennak (argued), Department of Justice, Washington, DC, Bonneville Power Administration and Western Area Power Administration, petitioner.

William L. Slover, Robert D. Rosenberg, Stephanie P. Lyons, Stephanie M. Adams, Slover & Loftus LLP, Washington, DC, for Arizona Electric Power Cooperative, Inc., petitioner.

Robert C. McDiarmid, Peter J. Hopkins, Margaret Meiser, Spiegel & McDiarmid LLP, Washington, DC, for Northern California Power Agency, petitioner.

Peter J. Scanlon, Lisa S. Gast, Jason T. Gray, Duncan Weinberg, Genzer & Pembroke, P.C., Washington, DC, for the City of Redding, CA, petitioner.

Harvey L. Reiter, Stinson Morrison Hecker LLP, Washington, DC, for the Sacramento Municipal Utility District (argued), petitioner.

Thomas R. Sheets, Robert H. Solomon, Lona T. Perry (argued), Washington, DC, for Federal Energy Regulatory Commission, respondent.

Frank R. Lindh, Mary F. McKenzie, Candace J. Morey, San Francisco, CA, for Public Utilities Commission of California, respondent-intervenor.

Mark D. Patrizio, Pacific Gas and Electric Company, San Francisco, CA, and Stan Berman, Sidley Austin LLP, Seattle, WA, for Pacific Gas and Electric Company, respondent-intervenor.

Richard L. Roberts (argued) and Catherine M. Giovannoni, Steptoe & Johnson LLP, Washington, DC, and Russell Swartz and Leon Bass, Jr., Southern California Edison Company, Rosemead, CA, for Southern California Edison Company, respondent-intervenor.

Edmund G. Brown, Jr., Attorney General, James M. Humes, Chief Deputy Attorney General, and Matt Rodriquez, Chief Assistant Attorney General, Sacramento, CA, David M. Gustafson, Deputy Attorney General, Oakland, CA, Kevin J. McKeon and Lillian S. Harris, Hawke McKeon & Sniscak LLP, Harrisburg, PA, for the People of the State of California, respondent-intervenor.

Daniel Shonkwiler, Folsom, CA, for California Independent System Operator Corporation, respondent-intervenor.

Opinion by Judge CLIFTON; Dissent by Judge McKEOWN.


OPINION

CLIFTON, Circuit Judge:

This story begins over a decade ago during the California energy crisis of 2000 and 2001. This court1 and this panel2 have become very familiar with those events. After California deregulated and restructured its electricity market in the mid 1990s, prices skyrocketed. The Federal Energy Regulatory Commission ("FERC"...

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