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CONSOLIDATED EDISON COMPANY OF NEW YORK v. FERC

No. 15-1183 Consolidated with 15-1188, 16-1153, 19-1002, 20-1074, 20-1077, 20-1082, 20-1269, 20-1351, 20-1382 No. 20-1079. Consolidated with 20-1080, 20-1081.

45 F.4th 265 (2022)

CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent Hudson Transmission Partners, LLC, et al., Intervenors New Jersey Board of Public Utilities, Petitioner v. Federal Energy Regulatory Commission, Respondent Public Service Electric and Gas Company, et al., Intervenors

United States Court of Appeals, District of Columbia Circuit.

Decided August 9, 2022.

Attorney(s) appearing for the Case

Richard P. Bress argued the cause for petitioners. With him on the joint briefs were Neil H. Butterklee , Susan J. LoFrumento , Sebrina M. Greene , Gary D. Levenson , William R. Hollaway , Lucas C. Townsend , David L. Schwartz , Eric J. Konopka , Shannon M. Grammel , Lawrence G. Acker , Gary D. Bachman , and Michael Diamond . Elias G. Farrah and Andrew F. Neuman entered appearances.

Kevin M. Lang , John Sipos , John C. Graham , and Alina Buccella were on the joint brief for intervenors City of New York and New York State Public Service Commission in support of petitioners.

Elizabeth E. Rylander , Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were Matthew R. Christiansen , General Counsel, Robert H. Solomon , Solicitor, and Susanna Y. Chu , Attorney.

David M. Gossett argued the cause for intervenors American Electric Power Service Corporation, et al. in support of respondent. With him on the joint brief were John Longstreth , Donald A. Kaplan , Richard P. Sparling , Stacey Burbure , Cara J. Lewis , and Steven M. Nadel . Kenneth R. Carretta , Amanda R. Conner , Vilna W. Gaston , William M. Keyser III , Morgan Parke , Bradley Miliauskas , and P. Nikhil Rao entered appearances.

Alec Schierenbeck , Deputy State Solicitor, Office of the Attorney General for the State of New Jersey, argued the cause for petitioner. With him on the briefs were Andrew J. Bruck , Acting Attorney General, and Paul Youchak and Nathaniel Levy , Deputy Attorneys General. Alex Moreau , Deputy Attorney General, entered an appearance.

Susanna Y. Chu , Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were Matthew R. Christiansen , General Counsel, Robert H. Solomon , Solicitor, and Elizabeth E. Rylander , Attorney.

Lucas C. Townsend argued the cause for intervenors Consolidated Edison Company of New York, Inc., et al. in support of respondent. With him on the brief were Neil H. Butterklee , Susan J. LoFrumento , Richard P. Bress , David L. Schwartz , Eric J. Konopka , Gary D. Levenson , William R. Hollaway , Lawrence G. Acker , Gary D. Bachman , and Brian M. Zimmet .

Before: Katsas and Rao, Circuit Judges, and Silberman, Senior Circuit Judge.

Part of the electricity transmission grid in northern New Jersey was aging, storm-damaged, and vulnerable to short circuits. In response, PJM Interconnection, LLC ("PJM")—the regional transmission organization responsible for managing the grid in New Jersey—authorized a series of upgrades to facilities owned by the Public Service...

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