United States DC Circuit

Defendant failed to respond cogently to electricity supplier's argument that no structural flaw existed in the New York electricity markets, and thus that the retroactive lowering of energy prices was unjustified. Remanded for further proceedings.

Appellate Information

• Argued 02/19/2004
• Decided 03/16/2004
• Published 03/16/2004

Judges

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

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Kenneth R. Carretta argued the cause for petitioner.   With him on the briefs was Jason A. Lewis., William F. Young argued the cause for intervenor New York Independent System Operator.   With him on the brief were Neil H. Butterklee and Elizabeth A. Grisaro.


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