ELECTRIC POWER SUPPLY ASS'N v. F.E.R.C

Nos. 11-1489, 12-1088, 12-1091, 12-1093.

753 F.3d 216 (2014)

ELECTRIC POWER SUPPLY ASSOCIATION, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Madison Gas and Electric Company, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 23, 2014.


Attorney(s) appearing for the Case

Ashley C. Parrish argued the cause for petitioners Electric Power Supply Association, et al. With him on the briefs were David G. Tewksbury , Stephanie S. Lim , David B. Raskin , Harvey L. Reiter , and Adrienne E. Clair.

Daniel J. Shonkwiler argued the cause for petitioners California Independent System Operator Corporation, et al. With him on the briefs were Nancy J. Saracino , Roger E. Collanton , Frank R. Lindh , Mary F. McKenzie , and Charlyn A. Hook.

Sandra E. Rizzo was on the brief for intervenors PJM Power Providers Group, et al. in support of petitioners.

Jeffrey A. Lamken , Martin V. Totaro , and John L. Shepherd Jr. were on the brief for amici curiae Robert L. Borlick, et al. in support of petitioners.

Robert H. Solomon , Solicitor, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief were David L. Morenoff , Acting General Counsel, and Holly E. Cafer , Attorney.

Donald J. Sipe , Jonathan G. Mermin , Robert A. Weishaar Jr. , Joseph D. Shelby , Barry S. Spector , Paul M. Flynn , Kriss E. Brown , Marvin T. Griff , Miles H. Mitchell , Ransom E. Davis , and Owen J. Kopon were on the brief for intervenors Counsel of Coalition of Midwest Transmission Customers, et al. in support of respondent.

Vickie L. Patton and John N. Moore were on the brief for amici curiae Environmental Defense Fund, et al. in support of respondent.

Dissenting opinion filed by Senior Circuit Judge EDWARDS.


BROWN, Circuit Judge:

Electric Power Supply Association and four other energy industry associations ("Petitioners") petition this court for review of a final rule by the Federal Energy Regulatory Commission ("FERC" or "the Commission") governing what FERC calls "demand response resources in the wholesale energy market." The rule seeks to incentivize retail customers to reduce electricity consumption when economically efficient. Petitioners complain FERC's new rule...

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