United States DC Circuit

Petition for review, brought by owners of electric transmission facilities and several state public utility commissions, challenging orders of the FERC conditionally approving a proposal to form a regional transmission organization in New England are denied over: 1) challenges to the FERC's authority to reject a provision of a Transmission Operating Agreement, 2) claims that rejection of the provision, and a rejection of a certain incentive adjustment were arbitrary and capricious; and 3) that approval of a certain incentive adjustment was arbitrary and capricious.

Appellate Information

• Argued 04/21/2006
• Decided 06/30/2006
• Published 06/30/2006

Judges

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

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Charles G. Cole argued the cause for Transmission Owner Petitioners and supporting intervenors.   With him on the briefs were David B. Raskin, Alice E. Loughran, Kenneth G. Jaffe, Elias G. Farrah, Mary E. Grover, Thomas N. Wies, G. Philip Nowak, Michael E. Small, Sonia C. Mendonca, and Mary A. Murphy.  Michael F. McBride, Wendy N. Reed, and Stephen L. Teichler entered appearances., Harvey L. Reiter argued the cause for State Commission Petitioners and supporting intervenors.   With him on the briefs were Lucy Holmes Plovnick, John P. Coyle, Scott H. Strauss, and Randall L. Speck.  Dennis Lane, Allan B. Taylor, and Michael P. Shea entered appearances., Harvey L. Reiter, Lucy Holmes Plovnick, John P. Coyle, Scott H. Strauss, and Randall L. Speck were on the brief for intervenors in support of FERC on Elimination of ROE Adder and RTO Termination Provisions.  John E. McCaffrey entered an appearance.


• For Appellees:
  
• Robert H. Solomon, Solicitor, Federal Energy Regulatory Commission, argued the cause for respondent.   With him on the brief were John S. Moot, General Counsel, and Judith A. Albert, Attorney., David B. Raskin, Charles G. Cole, Alice E. Loughran, Kenneth G. Jaffe, Elias G. Farrah, Mary E. Grover, Thomas N. Wies, G. Philip Nowak, Michael E. Small, Sonia C. Mendonca, and Mary A. Murphy were on the brief for intervenors Transmission Owners in support of respondent on Retention of Return of Equity Adder.  Wendy N. Reed entered an appearance.