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TC RAVENSWOOD, LLC v. F.E.R.C.

No. 11-1258.

705 F.3d 474 (2013)

TC RAVENSWOOD, LLC, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent AER NY-Gen, LLC, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 22, 2013.

Attorney(s) appearing for the Case

Kenneth L. Wiseman argued the cause for petitioner. With him on the briefs were Mark F. Sundback , Lisa M. Purdy , William M. Rappolt , J. Peter Ripley , and Kristine L. Delkus .

Jennifer S. Amerkhail , Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief was Robert H. Solomon , Solicitor.

Joseph B. Nelson , Neil H. Butterklee , Joseph J. Saltarelli , and Elias G. Farrah were on the brief for intervenors Long Island Power Authority, et al. in support of the respondent.

Opinion for the Court filed by Senior Circuit Judge WILLIAMS.

WILLIAMS, Senior Circuit Judge:

Petitioner TC Ravenswood, LLC objects to an order of the Federal Energy Regulatory Commission that allowed certain rates to be reduced as a corrective to the exercise of "supply-side" market power, but which declined to resolve Ravenswood's call for a parallel intervention to protect suppliers from what Ravenswood calls "buy-side" market power — in practice, two specific behavior patterns that artificially depress rates. Under...

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