United States DC Circuit

Plaintiff-utility company's petition for review of an FERC order, which disallowed a proposed pass-through of certain costs to a class of customers, is granted where the order was arbitrary and capricious.

Appellate Information

• Argued 05/09/2005
• Decided 07/12/2005
• Published 07/12/2005

Judges

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

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Nicholas W. Fels argued the cause for Utility Petitioners.   With him on the briefs were Mark D. Patrizio, Stuart K. Gardiner, Carolyn F. Corwin, Stuart J. Evans, E. Gregory Barnes, Jennifer L. Key, and Michael D. Mackness., Harvey L. Reiter argued the cause for petitioners Sacramento Municipal Utility District, et al.   With him on the briefs were Glen L. Ortman, Wallace L. Duncan, James D. Pembroke, Michael Postar, and Sean M. Neal., Anthony J. Ivancovich, J. Phillip Jordan, and Michael E. Ward were on the brief for intervenor California Independent System Operator Corporation in support of petitioners.


• For Appellees:
  
• Dennis Lane, Solicitor, Federal Energy Regulatory Commission, argued the cause for respondent.   With him on the brief was Cynthia A. Marlette, General Counsel.