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CALPINE CORP. v. F.E.R.C.

No. 11-1122.

702 F.3d 41 (2012)

CALPINE CORPORATION, et al., Petitioners v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Cogeneration Association of California, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 18, 2012.

Attorney(s) appearing for the Case

Ashley C. Parrish argued the cause for petitioners. With him on the briefs were Neil L. Levy , David G. Tewksbury , and Stephanie L. Lim .

Michael Alcantar , Donald E. Brookhyser , Robert C. Fallon , and Brian M. Meloy were on the brief for intervenors Electric Power Supply Association, et al. in support of petitioners.

Robert M. Kennedy , Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief was Robert H. Solomon , Solicitor.

Jennifer L. Key argued the cause for intervenor Southern California Edison Company. With her on the brief were Charles G. Cole , Jennifer Hasbrouck , and Anna J. Valdberg.   Roger E. Collanton and Daniel Shonkwiler entered appearances.

Opinion for the Court filed by Senior Circuit Judge SILBERMAN.

SILBERMAN, Senior Circuit Judge:

For the third time, we consider FERC's authority to regulate public-utility charges to independent generators for the latter's use of "station power" — the electricity necessary to operate a generator's requirements for light, heat, air conditioning, etc. FERC now concludes that it lacks this authority, and we affirm.

I.

We explained the legal and economic background of the electrical energy market in Niagara...

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