NEW ENGLAND POWER GENERATORS ASSOCIATION v. FERC

No. 15-1071. Consolidated with 16-1042.

881 F.3d 202 (2018)

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 February 2, 2018.


Attorney(s) appearing for the Case

Ashley C. Parrish , Washington, DC, argued the cause for petitioner. With him on the briefs were David G. Tewksbury , and Paul Alessio Mezzina , Washington, DC. Stephanie S. Lim , Washington, DC, entered an appearance.

Kenneth R. Carretta , Newark, NJ, and Cara J. Lewis were on the brief for intervenors PSEG Companies in support of petitioner.

Ross R. Fulton , Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief was Robert H. Solomon , Solicitor.

Jason Marshall argued the cause for intervenors. With him on the brief were Joseph Arnold Rosenthal , Rachel A. Goldwasser , Concord, NH, and Clare E. Kindall , Hartford, CT, and Robert Louis Marconi , Assistant Attorneys General, Office of the Attorney for the State of Connecticut. Michael C. Wertheimer , Assistant Attorney General, and John S. Wright , Attorney, Office of the Attorney General for the State of Connecticut, entered appearances.

Before: Srinivasan and Wilkins, Circuit Judges, and Sentelle, Senior Circuit Judge.


We consider two Petitions for Review challenging Federal Energy Regulatory Commission ("FERC" or "the Commission") Orders denying complaints by two electricity suppliers. See Order on Compl., New Eng. Power Generators Ass'n, Inc. v. ISO New Eng. Inc., 146 FERC ¶ 61,039...

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