NEW ENGLAND POWER GENERATORS ASS'N v. F.E.R.C.

Nos. 12-1060, 12-1074, 12-1085, 12-1149.

757 F.3d 283 (2014)

NEW ENGLAND POWER GENERATORS ASSOCIATION, INC., Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent PSEG Energy Resources & Trade LLC, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 8, 2014.


Attorney(s) appearing for the Case

Stephen L. Teichler argued the cause for petitioners NSTAR Electric Company/Public Systems. With him on the briefs was Mary E. Grover.

Jeffrey A. Schwarz argued the cause for petitioners Massachusetts Municipal Wholesale Electric Company, et al. With him on the briefs were Scott H. Strauss and Peter J. Hopkins.

Jeffrey A. Lamken argued the cause for petitioners New England Power Generators Association, Inc., et al. With him on the briefs were Martin V. Totara , Ashley C. Parrish , David G. Tewksbury , Stephanie S. Lim , Matthew S. Owen , and Abraham Silverman.

John Lee Shepherd Jr. argued the cause for intervenors PSEG Energy Resources & Trade LLC, et al. With him on the brief was Jodi L. Moskowitz.

John S. Wright and Michael C. Wertheimer , Assistant Attorneys General, Office of the Attorney General for the State of Connecticut, were on the brief for intervenor George Jepsen , Attorney General for the State of Connecticut, in support of petitioners.

F. Anne Ross was on the brief for intervenor New England Conference of Public Utilities Commissioners, Inc. in support of petitioner.

Robert M. Kennedy Jr. , Attorney, and Beth G. Pacella , Senior Attorney, Federal Energy Regulatory Commission, argued the causes for respondent. With them on the brief were David L. Morenoff , Acting General Counsel, and Robert H. Solomon , Solicitor.

Kimberly Frank argued the cause for intervenor Connecticut Public Utilities Regulatory Authority. With her on the brief were Randall L. Speck , Gregory S. Wagner , Robert A. Weishaar, Jr. , F. Anne Ross , and Stephen L. Teichler.

Ashley C. Parrish and David G. Tewksbury were on the brief for intervenor New England Power Generators Association, Inc. in support of respondent.

Opinion for the Court filed by Senior Circuit Judge SENTELLE.


SENTELLE, Senior Circuit Judge:

Multiple petitioners seek review of orders of the Federal Energy Regulatory Commission ("FERC" or "the Commission") affecting the administration of the Independent System Operator-New England ("ISO-NE") and specifically directed to curtailment of the exercise of market power in the New England energy market. While competing petitioners raise numerous and often opposite objections to FERC's orders, upon review we conclude that none of...

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