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

Nos. 12-1008, 12-1081.

741 F.3d 112 (2013)

TC RAVENSWOOD, LLC, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Astoria Generating Company, L.P., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 13, 2013.


Attorney(s) appearing for the Case

Kenneth L. Wiseman argued the cause for petitioner TC Ravenswood, LLC. Robert C. Fallon argued the cause for petitioner The NRG Companies. With them on the briefs were Mark F. Sundback , Lisa M. Purdy , William M. Rappolt , J. Peter Ripley , Kristine L. Delkus , Christopher C. O'Hara , Blake R. Urban , James M. D'Andrea , Marcia A. Stanford , and Abraham H. Silverman.

Jennifer S. Amerkhail , Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were David L. Morenoff , Acting General Counsel, and Robert H. Solomon , Solicitor.

Robert M. Loughney argued the cause for intervenors City of New York and the New York State Public Service Commission. On the brief were Kevin M. Lang , Sean Mullany , and Peter McGowan.

Kevin M. Lang and Neil H. Butterklee were on the brief for intervenors Consolidated Edison Company of New York, Inc., et al. in support of respondent.

Shawn Patrick Regan and Ted J. Murphy were on the brief for intervenor New York Independent System Operator, Inc. in support of respondent.

Before TATEL and KAVANAUGH, Circuit Judges, and SENTELLE, Senior Circuit Judge.


Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

Utilizing administratively determined "demand curves," the New York Independent System Operator (NYISO) holds monthly auctions to set the price of electrical power capacity in New York. Petitioners, owners and operators of electrical power generation facilities, challenge several Federal Energy Regulatory Commission orders concerning the creation of the 2011-2014 demand curves. According...

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