PUBLIC SERVICE ELECTRIC & GAS COMPANY v. FERC

No. 19-1091 Consolidated with 20-1039.

989 F.3d 10 (2021)

PUBLIC SERVICE ELECTRIC AND GAS COMPANY, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. New Jersey Board of Public Utilities, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 2, 2021.


Attorney(s) appearing for the Case

John Longstreth , Washington, DC, argued the cause for petitioners. With him on the briefs were Cara J. Lewis , Donald A. Kaplan , Washington, DC, Kimberly B. Frank , Washington, DC, and Steven Nadel . William M. Keyser III entered an appearance.

Gurbir S. Grewal , Attorney General, Office of the Attorney General for the State of New Jersey, Paul Youchak , Deputy Attorney General, and Stefanie A. Brand , Director, New Jersey Division of Rate Counsel, were on the brief for intervenor New Jersey Board of Public Utilities and New Jersey Division of Rate Counsel in support of petitioners. Alex Moreau , Attorney, Office of the Attorney General, Newark, NJ, for the State of New Jersey, Stephen C. Pearson , and Scott H. Strauss , Washington, DC, entered appearances.

Elizabeth E. Rylander , Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were David L. Morenoff , Acting General Counsel, Washington, DC, and Robert H. Solomon , Solicitor, Roseland, NJ.

Robert A. Weishaar, Jr. , Frederick, MD, Kenneth R. Stark , Harrisburg, PA, Thomas L. Rudebusch , Washington, DC, Bhaveeta K. Mody , Timothy G. McCormick , Richmond, VA, William F. Fields , Joseph G. Cleaver , Owings Mills, MD, Michael R. Engleman , Regina A. Iorii , Miles H. Mitchell , Washington, DC, Adrienne E. Clair , and Rebecca L. Shelton were on the brief for intervenor Public Service Commission for the State of Delaware, et al. in support of respondent. Kayla Grant entered an appearance.

Before: Srinivasan, Chief Judge, Rogers, Circuit Judge, and Edwards, Senior Circuit Judge.


Public Service Electric and Gas Company and PPL Electric Utilities Corporation petition for review of three orders of the Federal Energy Regulatory Commission concerning cost sharing for certain upgrades to the Mid-Atlantic electricity transmission grid. In 2016, the Commission approved...

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