United States DC Circuit

Defendant-FERC's order, allowing the New York Independent System Operator to "mitigate," and unilaterally reduce, the bid prices that generators and marketers submit to sell power, is reversed.

Appellate Information

• Argued 10/18/2004
• Decided 01/14/2005
• Published 01/14/2005

Judges

• STEPHEN F. WILLIAMS, Senior Circuit Judge., Before:  EDWARDS and RANDOLPH, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Peter W. Brown argued the cause for petitioners.   With him on the briefs were Richard C. Mooney and Pamela G. Van Horn.


• 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., William F. Young argued the cause for intervenors in support of respondent.   With him on the brief were Susan E. Dove, Elias G. Farrah, Rebecca J. Michael, Neil H. Butterklee, and Edgar K. Byham.  David E. Blabey, Donald K. Dankner and David P. Yaffe entered appearances., Diane T. Dean argued the cause and filed the brief for intervenor-appellee Public Service Commission of New York.