United States DC Circuit

Circuit court did not have jurisdiction to review FERC orders requiring petitioner, a contractual rightsholder with firm transmission contracts, to develop and use independent system operator pricing mechanisms.

Appellate Information

• Decided 10/18/2002
• Published 10/18/2002

Judges

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

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Edna Walz, Deputy Attorney General, Attorney General's Office of State of California, argued the cause for petitioner.   With her on the briefs were Bill Lockyer, Attorney General, Richard M. Frank, Chief Assistant Attorney General, and Elisa J. Grammar.  Mary E. Hackenbracht, Senior Assistant Attorney General, Attorney General's Office of State of California, and Peter C. Kissel entered appearances., Michael Postar argued the cause for intervenors M-S-R Public Power Agency and the Cities of Redding, Santa Clara, and Palo Alto, California.   On the briefs were Wallace L. Duncan, James D. Pembroke, Richmond F. Allan, and Sean M. Neal., Jennifer L. Key, Kenneth G. Jaffe, and Michael E. Ward were on the joint brief for intervenors California Independent System Operator Corporation and Southern California Edison Company.  Richard L. Roberts and Edward Berlin entered appearances.


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