United States DC Circuit
E. TEXAS ELEC. COOP., INC. v. FED. ENERGY REGULATORY COMM'N, 02-1087
In challenges to FERC orders accepting a power pool's procedure for allocating network transmission revenue among member facilities, FERC properly interpreted a regional tariff to require application of an integration test, but remand is required where FERC failed to articulate support for factual findings.
Appellate Information
- Argued 05/09/2003
- Decided 06/13/2003
- Published 06/13/2003
Judges
- Before: GINSBURG, Chief Judge, and ROGERS and TATEL, Circuit Judges.
Court
- United States DC Circuit
Counsel
- For Appellant:
- John H. Conway argued the cause for petitioner. With him on the briefs were Christine C. Ryan, A. Hewitt Rose, III and Brian C. Drumm., Wallace F. Tillman was on the brief for amicus curiae National Rural Electric Cooperative Association in support of petitioners.
- For Appellees:
- Dennis Lane, Solicitor, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief was Cynthia A. Marlette, General Counsel.