United States DC Circuit

Plaintiff's challenge to defendant-FERC's orders, requiring certain costs incurred by customers connecting generators to plaintiff's networks must be "spread" across all customers and not "directly assigned" to the respective generator companies, is dismissed where plaintiff lacks standing to pursue its claim.

Appellate Information

• Decided 12/10/2004
• Published 12/10/2004

Judges

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

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• J. Wayne Anderson argued the cause for petitioners.   With him on the briefs were Floyd L. Norton, IV., Heath K. Knakmuhs, S. Chris Still, Kevin A. McNamee, and Gerard A. Clark.  Andrew W. Tunnell and Matthew W. Estes entered appearances., Thomas D. Samford, IV, was on the brief for Alabama Public Service Commission in support of petitioner and reversal of orders., Marlene K. Stern was on the brief of amicus curiae Florida Public Service Commission in support of petitioner and urging reversal.   With her on the brief was David E. Smith.  Harold A. McLean entered an appearance., Thurbert E. Baker, Attorney General, Attorney General's Office of the State of Georgia, and Daniel S. Walsh, Assistant Attorney General, were on the brief for amicus curiae Georgia Public Service Commission in support of petitioner., Ashley C. Parrish argued the cause for intervenor Tenaska, Inc. With him on the brief was Neil L. Levy.


• 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 Laura J. Vallance, Attorney.