United States DC Circuit

Appellate review denied where FERC reasonably concluded that an electric utility's filing was consistent with or superior to FERC's own pro forma open access transmission tariff (OATT); FERC's determinations not undermined by plaintiffs' arguments regarding allegedly discriminatory effect of the filing's source and sink requirements and capacity limitations.

Appellate Information

• Argued 11/07/2001
• Decided 07/26/2002
• Published 07/26/2002

Judges

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

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Jeffery D. Watkiss argued the cause and filed the briefs for petitioners., Robert C. Glinski, Thomas C. Doolan and Floyd L. Norton IV were on the brief for intervenors Entergy Services, Inc. and Tennessee Valley Authority.  Edward S. JamesE. Fox entered appearances.


• For Appellees:
  
• Beth G. Pacella, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent.   With her on the brief was Dennis Lane, Solicitor.