United States DC Circuit

FERC's method of assessing annual charges imposed on petitioner hydroelectric utilities, based on other federal agencies' Federal Power Act costs, conflicts with FERC's obligations under the Act. FERC orders were final for purposes of appellate jurisdiction.

Appellate Information

• Argued 11/15/2002
• Decided 06/10/2003
• Published 06/10/2003

Judges

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

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Howard E. Shapiro argued the cause for the petitioners.  Gary D. Bachman, Michael A. Swiger and Charles R. Sensiba were on brief.   Susan A. Moore entered an appearance., Frances E. Francis, Ben Finkelstein and Tracy E. Connor were on brief for the intervenors., Richard B. Geltman and Donald H. Clarke were on brief for amici curiae American Public Power Association and National Hydropower Association.


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