United States DC Circuit

The Federal Energy Regulation Commission does not have authority to order the replacement of plaintiff public utility-s board, which was chosen in accordance with California law, with a new board chosen by methods dictated by the FERC.

Appellate Information

• Argued 05/17/2004
• Decided 06/22/2004
• Published 06/22/2004

Judges

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

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Louis R. Cohen argued the cause for petitioner California Independent System Operator Corporation.   With him on the briefs were Jonathan J. Frankel, IJay Palansky,, and Anthony J. Ivancovich.   Michael F. Ruggio, Sheila S. Hollis, Stephen L. Teichler, and William R. Mapes, Jr. entered appearances., Sean H. Gallagher argued the cause for petitioners Public Utilities Commission of the State of California, et al.  With him on the briefs were Arocles Aguilar, Elizabeth M. McQuillan, Erik N. Saltmarsh, and Erin R. Koch-Goodman., Randolph Q. McManus, Melissa E. Maxwell, Debra Raggio Bolton, Mark L. Perlis, John N. Estes III, Robert Campbell McDiarmid, and Lisa G. Dowden.  Daniel I. Davidson, Donna M. Sauter and Michael A. Yuffee entered appearances.


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