United States DC Circuit

The Court found that defendant reasonably allocated the plaintiff's Cost Adder, which was designed to recover its administrative costs, to all loads using the plaintiff's transmission system, rather than just the unbundled retail and new wholesale loads.

Appellate Information

• Argued 04/23/2004
• Decided 07/16/2004
• Published 07/16/2004

Judges

• Before:  GINSBURG, Chief Judge, and SENTELLE and ROBERTS, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Paul M. Flynn argued the cause for petitioners Midwest ISO Transmission Owners, et al.  John E. McCaffrey argued the cause for Public Service Commission of the Commonwealth of Kentucky, et al.   With them on the briefs were David W. D'Alessandro, Michael E. Small, and Robert H. Benna.   Jeffrey G. DiSciullo and Linda S. Portasik entered appearances., Stephen L. Teichler argued the cause for intervenors Midwest Independent Transmission System Operator, Inc., et al.   With him on the brief were Stephen G. Kozey, David Martin Connelly, Jeffrey L. Landsman, Christine C. Ryan, A. Hewitt Rose, III, Gary D. Bachman, Evan Charles Reese, III, William F. Fields, Sandra L. Hall, Susan Stevens Miller, David W. D'Alessandro, John E. McCaffrey, Robert Campbell McDiarmid, Larissa A. Shamraj, Denise C. Goulet, and David J. Lynch.   Richard G. Raff entered an appearance.


• 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.   Larry D. Gasteiger, Attorney, entered an appearance.