United States DC Circuit

Where two power companies choose to merge during in the midst of sweeping regulatory changes in the electric industry, FERC may reasonably adopt two stages of restrictions to limit the surviving company's market power.

Appellate Information

• Decided 11/02/2001
• Published 11/02/2001

Judges

• Before:  GINSBURG, Chief Judge, EDWARDS and SENTELLE, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• James T. Malysiak argued the cause for petitioner.   With him on the briefs was Lee A. Freeman, Jr., J.A. Bouknight, Jr. argued the cause for intervenor.   With him on the brief were Douglas G. Green and Samuel T. Perkins.  Shannen W. Coffin entered an appearance.


• For Appellees:
  
• Andrew K. Soto, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent.   With him on the brief was Susan J. Court, Associate Solicitor.