TRANSCANADA POWER MARKETING v. FERC

Nos. 14-1103, 14-1104, 14-1105.

811 F.3d 1 (2015)

TRANSCANADA POWER MARKETING LTD., Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Essential Power Massachusetts, LLC, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 22, 2015.


Attorney(s) appearing for the Case

Kenneth L. Wiseman argued the cause for petitioners. With him on the briefs were Mark Sundback , Allison Hellreich , William M. Rappolt , and Elizabeth W. Whittle.

Carol J. Banta , Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were David L. Morenoff , General Counsel, and Robert H. Solomon , Solicitor.

David T. Musselman and Cara J. Lewis were on the brief for intervenors The Essential Power Companies and PSEG Companies in support of respondent. Jodi L. Moskowitz entered an appearance.

Opinion for the Court filed by Senior Circuit Judge EDWARDS.


In June 2013, pursuant to section 205(d) of the Federal Power Act ("FPA"), 16 U.S.C. § 824d(d) (2012), the Independent System Operator for New England ("ISO New England") filed a tariff revision with the Federal Energy Regulatory Commission ("Commission" or "FERC"). The tariff filing reflected ISO New England...

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