United States DC Circuit

In dispute over agreements for wholesale price of electricity in situations where local transmission shortages obstructed competitive market pricing in the New England power market, case is remanded as the record does not reflect a clear basis for respondent's finding that the rates were just and reasonable, which leaves open the possibility of a refund for unjust or unreasonable rates charged.

Appellate Information

• Argued 12/08/2006
• Decided 03/09/2007
• Published 03/09/2007

Judges

• Before:  ROGERS and TATEL, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Stephen L. Teichler argued the cause for petitioners.   With him on the briefs were Harvey L. Reiter, John E. McCaffrey, Lucy H. Plovnick, Linda M. Nagel, Mary E. Grover, and Lisa Fink., Howard H. Shafferman argued the cause for intervenor ISO New England Inc. With him on the brief was Perry D. Robinson., Allan B. Taylor, Michael P. Shea, Donald K. Dankner, Jeanne M. Dennis, and Margaret H. Claybour were on the brief for intervenors USGen New England, Inc. and New England Power Pool. Raymond B. Wuslich 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 Beth G. Pacella, Senior Attorney.  Lona T. Perry, Attorney, entered an appearance.