United States DC Circuit

FERC orders establishing a cost-allocation methodology for funding the wind-up costs of a now-defunct power corporation were both unreasonable and violated the "filed-rate" doctrine.

Appellate Information

• Argued 04/12/2004
• Decided 07/09/2004
• Published 07/09/2004

Judges

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

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Stan Berman argued the cause for petitioner.   With him on the briefs were Paul B. Mohler and Mark D. Patrizio.  Joseph H. Fagan entered an appearance., Robert H. Loeffler, Paul W. Fox, Andrea M. Settanni, Margaret A. Moore, and Alan Z. Yudkowsky were on the brief for intervenors.  Bruce A. Eisen and David O. Bickart entered appearances.


• For Appellees:
  
• Beth G. Pacella, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent.   With her on the brief were Cynthia A. Marlette, General Counsel, Dennis Lane, Solicitor, and Larry D. Gasteiger, Attorney.