Read CONSOL. EDISON CO. OF NY, INC. v. FED. ENERGY REG. COMM'N., 01-1503

Petition for review of FERC's order granted in part and remanded in part where FERC properly held that it lacked authority under the Federal Power Act to revise rates retroactively, and erred where it failed to explain adequately why certain emergency procedures for rebilling were unavailable.

Appellate Information

• Decided 11/07/2003
• Published 11/07/2003

Judges

• Before:  SENTELLE, ROGERS, and TATEL, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• William F. Young and Elias G. Farrah argued the cause for petitioners and intervenors in support of petitioners.   With them on the briefs were Neil H. Butterklee, Elizabeth Ward Whittle, and J. Cathy Fogel.  Arnold H. Quint entered an appearance., Howard E. Shapiro argued the cause for intervenors.   With him on the brief were Kenneth M. Simon, Woody N. Peterson, David P. Yaffe, Jonathan D. Simon, and Steven A. Weiler.


• For Appellees:
  
• Larry D. Gasteiger, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent.   With him on the brief were Cynthia A. Marlette, General Counsel, and Dennis Lane, Solicitor.