United States DC Circuit

Respondent's order that the New York Independent System Operator had not violated the filed rate doctrine in establishing a pair of formulae for translating "installed capacity" into "unforced capacity" is vacated as respondent acted arbitrarily and capriciously in its decision.

Appellate Information

• Argued 11/14/2006
• Decided 01/12/2007
• Published 01/12/2007

Judges

• Before:  HENDERSON and TATEL, Circuit Judges, and SILBERMAN, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Kenneth M. Simon argued the cause for petitioner.   With him on the briefs was Robert C. Fallon.


• For Appellees:
  
• Judith A. Albert, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent.   With her on the brief were John S. Moot, General Counsel, and Robert H. Solomon, Solicitor., Neil H. Butterklee argued the cause for intervenors Consolidated Edison Company of New York, Inc., et al.   With him on the brief were James J. Dixon, Elias G. Farrah, and Rebecca J. Michael in support of respondent., William F. Young, Susan E. Dove, and Carl F. Patka were on the brief for intervenor New York Independent System Operator, Inc. in support of respondent.