United States DC Circuit

FERC's cursory response to petitioner's challenge of the agency's failure to adequately explain its decision to depart from its longstanding cost-causation principle for wholesale electricity sales and transmission services warrants remand for adequate explanation of it's response to petitioner's challenge.

Appellate Information

• Argued 02/08/2002
• Decided 04/09/2002
• Published 04/09/2002

Judges

• Before:  EDWARDS and SENTELLE, Circuit Judges, and SILBERMAN, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Richard P. Bress argued the cause for petitioner.   With him on the briefs were David L. Schwartz and Minh N. Vu., Elias G. Farrah, Rebecca J. Michael and Arnold H. Quint were on the brief for intervenors New York Independent System Operator, Inc. and New York Transmission Owners.


• For Appellees:
  
• Beth G. Pacella, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent.   With her on the brief were Cynthia A. Marlette, Acting General Counsel, and Dennis Lane, Solicitor.