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PUBLIC CITIZEN, INC. v. F.E.R.C.

No. 14-1244. Consolidated with 14-1246.

839 F.3d 1165 (2016)

PUBLIC CITIZEN, INC., Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Calpine Corporation, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided October 25, 2016.

Attorney(s) appearing for the Case

Scott L. Nelson argued the cause for petitioner Public Citizen, Inc. With him on the briefs was Lynn N. Hargis.

John S. Wright , Assistant Attorney General, Office of the Attorney General for the State of Connecticut, argued the cause for State Petitioners. With him on the briefs were Michael C. Wertheimer , Robert L. Marconi , and Clare E. Kindall , Assistant Attorneys General, and Elin Katz and Joseph A. Rosenthal .

Robert H. Solomon , Solicitor, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief was Karin L. Larson.

Paul A. Mezzina argued the cause for intervenors. With him on the brief were Ashley C. Parrish , David G. Tewksbury , Abraham H. Silverman , Cortney Madea , Bruce F. Anderson , Paul Franklin Wight , and John L. Shepherd Jr.

Before: BROWN, SRINIVASAN and WILKINS, Circuit Judges.

In this consolidated case, Petitioners Public Citizen and Connecticut seek review of two Notices issued by the Federal Energy Regulatory Commission as part of ISO New England's eighth forward-capacity market. They contend we have jurisdiction because the Notices constitute either orders under the Federal Power Act or action...

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