United States Ninth Circuit

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California Pub. Utilities Comm'n v. Fed. Energy Reg. Comm'n, 01-71934

In a petition for review brought by various entities challenging the Federal Energy Regulatory Commission (FERC)'s calculation of certain refunds arising out of the California energy crisis in 2000 and 2001, the petition is: 1) granted in part where FERC acted arbitrarily or capriciously in allocating the refund only to net buyers and not to all market participants; and 2) denied in part as to the question of whether refunds should be netted hourly or a cross the entire refund period where FERC did not act arbitrarily or capriciously in its construction of tariffs.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/04/21




  • United States Ninth Circuit


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