United States DC Circuit

Petitions for review of defendant's orders declining to consider whether intervenor power company can treat as "regulatory assets" certain wholesale and retail costs associated with developing a Regional Transmission Organization, are dismissed as petitioners lack standing in that they cannot point to the requisite injury-in-fact and have not been aggrieved by the orders.

Appellate Information

• Decided 11/21/2006
• Published 11/21/2006

Judges

• Before:  SENTELLE, Circuit Judge, EDWARDS and WILLIAMS, Senior Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• John M. Adragna, Phyllis G. Kimmel, and William H. Chambliss, were on the brief for petitioner Virginia State Corporation Commission., Robert F. McDonnell, Attorney General, Attorney General's Office for the Commonwealth of Virginia, Maureen Riley Matsen, Deputy Attorney General, C. Meade Browder, Jr., Senior Assistant Attorney General, and D. Mathias Roussy, Jr., Assistant Attorney General, were on the brief for petitioner Robert F. McDonnell, ex rel. Virginia Division of Consumer Counsel., Kevin M. Downey was on the brief for intervenor Virginia Electric and Power Company.


• For Appellees:
  
• John S. Moot, General Counsel, Federal Energy Regulatory Commission, Robert H. Solomon, Solicitor, and Samuel Sooper, Attorney, were on the brief for respondent.  Beth G. Pacella, Attorney, entered an appearance.