United States Ninth Circuit

State agency's petition for review of an FERC order allowing state utility-PG&E to include certain charges in its tariff for use of its power transmission lines is denied over various unfounded claims of error as: 1) the FERC's decision to categorize the facilities at issue as "transmission" based on an exclusive use test and to roll in their costs did not conflict with FERC precedent, and was a reasonable approach to allocate the cost of facilities whose operation benefits all grid users; and 2) the decision was supported by substantial evidence and agency petitioner was not deprived of any due process rights by the allowance of a particular witness's testimony.

Appellate Information

• Argued 01/08/2007
• Decided 06/07/2007
• Published 06/07/2007

Judges

• Before PROCTER HUG, JR., A. WALLACE TASHIMA, and WILLIAM A. FLETCHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Deborah L. Barnes, Deputy Attorney General, Sacramento, CA; Peter C. Kissel and Elisa J. Grammer, Law Offices of GKRSE, Washington, DC, for the petitioner.


• For Appellees:
  
• Carol J. Banta, Office of General Counsel, Federal Energy Regulatory Commission, Washington, DC, for the respondent., Mark D. Patrizio, San Francisco, CA, for respondent-intervenor Pacific Gas and Electric Company., Jennifer L. Key, Steptoe & Johnson, Washington, DC, for respondent-intervenor Southern California Edison Company., Michael E. Ward, Alston & Bird, Washington, DC, and Charles F. Robinson, Folsom, CA, for respondent-intervenor California Independent System Operator Corporation.