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CALIFORNIA PUBLIC UTILITIES COM'N v. F.E.R.C.

No. 16-70481.

879 F.3d 966 (2018)

CALIFORNIA PUBLIC UTILITIES COMMISSION, Petitioner, California Department of Water Resources State Water Project; Sacramento Municipal Utility District; Transmission Agency of Northern California, Petitioners-Intervenors, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Pacific Gas & Electric Company, Respondent-Intervenor.

United States Court of Appeals, Ninth Circuit.

Filed January 8, 2018.

Attorney(s) appearing for the Case

Traci L. Bone (argued), Harvey Y. Morris , and Arocles Aguilar , San Francisco, California, as and for Petitioner.

Harvey L. Reiter (argued), Stinson Leonard Street LLP, Washington, D.C.; Michael R. Postar , Duncan Weinberg Genzer & Pembroke, Washington, D.C.; Katharine M. Mapes , Spiegel & McDiarmid LLP, Washington, D.C.; for Petitioners-Intervenors.

Mark Patrizio (argued), San Francisco, California, for Respondent-Intervenor.

Anand Viswanathan (argued), Attorney; Robert H. Solomon , Solicitor; Max Minzner , General Counsel; Washington, D.C.; as and for Respondent.

Before: Sidney R. Thomas, Chief Judge, and Stephen Reinhardt and Stephen S. Trott, Circuit Judges.

OPINION

In this petition for review, we consider whether the Federal Energy Regulatory Commission ("FERC" or "Commission") arbitrarily and capriciously determined that Pacific Gas & Electric Company ("PG&E") was eligible for an incentive adder for remaining a member of the California Independent System...

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