United States DC Circuit

Energy agreements between petitioner and a federal hydroelectric project operator precluded petitioner from changing energy rates, but the administrative law judge used the wrong standard in finding that petitioner did not comply with a contractual condition precedent of participating in "joint review."

Appellate Information

• Argued 03/13/2003
• Decided 04/25/2003
• Published 04/25/2003

Judges

• Before:  RANDOLPH and ROGERS, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• John S. Moot argued the cause for petitioner.   With him on the briefs was Kathryn Kavanagh Baran., Daniel I. Davidson argued the cause for customer intervenors.   With him on the brief were Robert C. McDiarmid, Lisa G. Dowden, Peter J. Hopkins, Glen L. Ortman, Michael N. McCarty, Wallace L. Duncan, James D. Pembroke, Richmond F. Allan and Michael Postar.  Harvey L. Reiter entered an appearance., Robert S. Greenspan and Christine N. Kohl, Attorneys, U.S. Department of Justice, were on the brief for federal intervenors.


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