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United States DC Circuit


S. California Edison Co. v. Fed. Energy Regulatory Comm'n, 04-1396

A petition for review of a certification order issued by the Federal Energy Regulatory Commission is denied where the agency did not act arbitrarily and capriciously by permitting a geothermal power production facility to sell capacity in excess of its net output or in assessing brine extraction while treating brine reinjection differently.

Appellate Information

  • Argued 12/06/2005
  • Decided 03/24/2006
  • Published 03/24/2006

Judges

  • Before:  GARLAND, BROWN and GRIFFITH, Circuit Judges.

Court

  • United States DC Circuit

Counsel

  • For Appellant:
  • Catherine E. Stetson argued the cause for petitioner.   With her on the briefs were Kevin J. Lipson, Douglas L. Beresford, Jessica L. Ellsworth, and J. Eric Isken.

  • 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, Former Solicitor.
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