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PUBLIC CITIZEN v. FEDERAL ENERGY REGULATORY COM'N

No. 20-1156.

7 F.4th 1177 (2021)

PUBLIC CITIZEN, INC., Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Dynegy Marketing and Trade, LLC, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 6, 2021.

Attorney(s) appearing for the Case

Scott L. Nelson , argued the cause for petitioner. With him on the briefs was Allison M. Zieve .

Lona T. Perry , Deputy Solicitor, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were Matthew R. Christiansen , General Counsel, David L. Morenoff , Deputy General Counsel, and Robert H. Solomon , Solicitor.

Richard P. Bress argued the cause for intervenors Vistra Corp., et al. With him on the brief were David L. Schwartz and Tyce R. Walters .

Paul W. Hughes and David G. Tewksbury were on the brief for amicus curiae Electric Power Supply Association in support of respondent.

Before: Tatel, Millett, and Pillard, Circuit Judges.

This case is about the price of wholesale electricity—electricity sold from, for example, a power plant to a consumer-serving utility company. More precisely, this case concerns sales of capacity, which is typically a commitment by a power plant to provide electricity to a utility in the future. In April 2015, an auction...

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