United States DC Circuit

In a proceeding to set rates for the transmission of electricity, plaintiff's petition for review is granted where defendant-FERC failed to provide adequate notice that it would consider an incentive-based adder in assessing a pending rate proposal.

Appellate Information

• Argued 01/07/2005
• Decided 02/18/2005
• Published 02/18/2005

Judges

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

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• David E. Pomper argued the cause for petitioners.   With him on the briefs were Thomas C. Trauger, David D'Alessandro, John E. McCaffrey, Richard G. Raff, Robert A. Weishaar, Jr., and Jeffrey L. Landsman.


• For Appellees:
  
• Beth G. Pacella, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent.   With her on the brief was Cynthia A. Marlette, General Counsel., Michael E. Small, Paul M. Flynn, and Wendy N. Reed were on the brief for intervenors in support of respondent.