United States DC Circuit

By accepting a tariff filing that allows retail customers to take electric distribution service and asserting jurisdiction over unbundled retail distribution service, the FERC exceeded its statutory jurisdiction the Federal Power Act.

Appellate Information

• Argued 05/08/2003
• Decided 07/08/2003
• Published 07/08/2003

Judges

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

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• John D. McGrane argued the cause for petitioner.   With him on the briefs were Mary Ann K. Huntington and Gregory W. Camet., Jennifer L. Key argued the cause and filed the briefs for intervenor Southern California Edison Company., Gregg K. Stepan argued the cause for intervenor Midwest Independent Transmission System Operator, Inc.   On the brief were Stephen G. Kozey and Stephen L. Teichler.


• For Appellees:
  
• Larry D. Gasteiger, 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.