SAN DIEGO GAS & ELEC. CO. v. F.E.R.C.

No. 16-1433.

913 F.3d 127 (2019)

SAN DIEGO GAS & ELECTRIC COMPANY, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent Pacific Gas and Electric Company, et al., Intervenors

United States Court of Appeals, District of Columbia Circuit.

Decided January 15, 2019.


Attorney(s) appearing for the Case

Kevin King argued the cause for petitioner. With him on the briefs were James R. Dean Jr. , Washington, DC, Mark L. Perlis , Washington, DC, and Jonathan J. Newlander , San Diego, CA.

Rebecca A. Furman and Keith T. Sampson were on the brief for intervenors Southern California Edison Company, et al., supporting petitioner.

Carol J. Banta , Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. On the brief were David L. Morenoff , General Counsel, Robert H. Solomon , Solicitor, and Ross R. Fulton , Attorney.

Bonnie S. Blair , Margaret E. McNaul , Rebecca L. Shelton , Lisa S. Gast , Peter J. Scanlon , Michael Postar , and Bhaveeta K. Mody were on the joint brief for intervenors Cities of Anaheim, Azusa, Banning, Colton, Pasadena, and Riverside, California, et al., supporting respondent.

Dissenting opinion filed by Senior Circuit Judge Randolph.


Petitioner San Diego Gas & Electric Company (SDG&E) seeks review of a Federal Energy Regulatory Commission (FERC or Commission) declaratory order applying FERC's cancelled or abandoned electricity transmission facilities incentive, 18 C.F.R. § 35.35(d)(1)(vi) (Abandonment Incentive), only prospectively, to investment...

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