United States DC Circuit

Challenge to respondent's orders requiring all transmission facilities to adopt a standard agreement for interconnecting with operators of electric generators larger than 20 megawatts are affirmed over claims that respondent exceeded its jurisdiction, unlawfully commandeered states, departed from its own precedent without explanation, and made policy decisions that are arbitrary and capricious.

Appellate Information

• Argued 10/13/2006
• Decided 01/12/2007
• Published 01/12/2007

Judges

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

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Laurence G. Chaset argued the cause for Governmental Petitioners.   With him on the briefs were James Bradford Ramsay, Thomas D. Samford, IV, Arocles Aguilar, Aubrey Williams Turner, Jr., Gisele Lunsford Rankin, Florence P. Belser, and Robert D. Cedarbaum., Andrew W. Tunnell argued the cause for Utility Petitioners.   With him on the brief were S. Chris Still, Kevin A. McNamee, Neil H. Butterklee, John D. McGrane, Heath K. Knakmuhs, and Antoine P. Cobb., Ashley C. Parrish argued the cause for intervenors Tenaska, Inc., et al.   With him on the briefs were Neil L. Levy, Jennifer L. Key, Glen L. Ortman, Harvey L. Reiter, and Jonathan D. Schneider.  Gregory O. Olaniran entered an appearance.


• For Appellees:
  
• Lona T. Perry, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent.   With her on the brief were Robert H. Solomon, Solicitor, and Samuel Soopper, Attorney.