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SOUTHERN CALIFORNIA EDISON CO. v. F.E.R.C.

No. 11-1471.

717 F.3d 177 (2013)

SOUTHERN CALIFORNIA EDISON COMPANY, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. California Department of Water Resources, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 10, 2013.

Attorney(s) appearing for the Case

Charles G. Cole argued the cause for petitioner. With him on the briefs were Gary A. Morgans , Linda C. Bailey , and Jill C. Maguire . Anna J. Valdberg entered an appearance.

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

Peter J. Scanlon , Joshua E. Adrian , Bonnie S. Blair , Peter C. Kissel , Elisa J. Grammar , Philip W. Mone , Margaret E. McNaul , Rebecca L. Sterzinar , Sean M. Neal , Seth T. Lucia , Kamala D. Harris , Attorney General, Office of the Attorney General for the State of California, Kathleen A. Kenealy , Senior Assistant Attorney General, Frank R. Lindh , Harvey Y. Morris , Gregory Heiden , Joseph B. Nelson , Michael Postar , and Bhaveeta K. Mody were on the brief for intervenors California Department of Water Resources, et al. in support of respondent. Lisa S. Gast and Natalie M. Karas entered appearances.

Opinion for the Court by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

Before the court is a challenge to the regulatory mechanism for the recovery by an investor-owned public utility of the cost of three transmission projects in its transmission rates. In 2007, the Federal Energy Regulatory Commission granted various rate incentives to encourage the construction of three projects by the Southern California Edison Company ("SoCal Edison"). The beneficial rate treatment...

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