United States DC Circuit

The Federal Energy Regulatory Commission did not abuse its discretion when it approved a rate design for the installed capacity market administered by the New York Independent System Operator.

Appellate Information

• Argued 04/11/2005
• Decided 05/13/2005
• Published 05/13/2005

Judges

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

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Sara D. Schotland argued the cause for petitioner.   With her on the briefs was Robert A. Weishaar, Jr., Jonathan D. Feinberg was on the brief for intervenor Public Service Commission of the State of New York., William F. Young and Susan E. Dove were on the brief for intervenor New York Independent System Operator, Inc. Arnold H. Quint entered an appearance., Frederick W. Morris, James J. Bertrand, Brian M. Meloy, Debra R. Bolton, Scott G. Silverstein, Mary M. Fabic, and Kenneth R. Carretta were on the brief for intervenors NRG Companies, et al.


• For Appellees:
  
• Lona T. Perry, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent.   With her on the brief were Cynthia A. Marlette, General Counsel, and Dennis Lane, Solicitor.