CALIFORNIA PUBLIC UTILITIES COMMISSION v. FERC

Nos. 19-72897, 20-71335.

29 F.4th 454 (2022)

CALIFORNIA PUBLIC UTILITIES COMMISSION; Transmission Agency of Northern California; Sacramento Municipal Utility District, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, California Department of Water Resources State Water Project; Pacific Gas and Electric Company; San Diego Gas & Electric Company; Southern California Edison Company, Intervenors. California Public Utilities Commission; California Department of Water Resources; Northern California Power Agency; Sacramento Municipal Utility District; Transmission Agency of Northern California, Petitioners, v. Federal Energy Regulatory Commission, Respondent, Pacific Gas and Electric Company, Intervenor.

United States Court of Appeals, Ninth Circuit.

Filed March 17, 2022.


Attorney(s) appearing for the Case

Stephanie E. Hoehn (argued), Arocles Aguilar , and Christine Jun Hammond , San Francisco, California, as and for Petitioner California Public Utilities Commission.

Harvey L. Reiter , Stinson LLP, Washington, D.C., for Petitioner Sacramento Municipal Utility District.

Michael R. Postar , Duncan Weinberg Genzer & Pembroke, Washington, D.C., for Petitioner Transmission Agency of Northern California.

Katharine M. Mapes , Spiegel & McDiarmid, Washington, D.C., for Intervenor/Petitioner California Department of Water Resources and Petitioner Northern California Power Agency.

Anand R. Viswanathan (argued), Attorney; Robert H. Solomon , Solicitor; David L. Morenoff , Acting General Counsel; Federal Energy Regulatory Commission, Washington, D.C.; for Respondent.

Matthew W. Dwyer (argued), Rosemead, California, as and for Intervenor Southern California Edison Company.

Alexandra J. Ward , San Francisco, California, as and for Intervenor Pacific Gas and Electric Company.

Ross R. Fulton , San Diego, California, as and for Intervenor San Diego Gas & Electric Company.

Before: Ryan D. Nelson and Danielle J. Forrest, Circuit Judges, and Janis Graham Jack, District Judge.


OPINION

This case returns following our remand to the Federal Energy Regulatory Commission (FERC) in 2018. See Cal. Pub. Utils. Comm'n v. FERC, 879 F.3d 966, 980 (9th Cir. 2018) (CPUC I). At issue are several FERC

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