United States DC Circuit

Petition for review challenging respondent's rejection of petitioner's challenge to its statutory jurisdiction, ruling that the ISO tariff and the Participants Agreement granted respondent authority to accept the installed capacity requirement, is granted over claim that Federal Power Act section 201 permits respondent to regulate generation resource adequacy because of its effect on interstate electricity transmission.

Appellate Information

• Argued 02/12/2007
• Decided 04/20/2007
• Published 04/20/2007

Judges

• Before:  TATEL and GARLAND, Circuit Judges, and EDWARDS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Randall L. Speck argued the cause and filed the briefs for petitioner., John S. Wright and Michael C. Wertheimer, Assistant Attorneys General, Attorney General's Office of State of Connecticut, were on the brief for intervenor Richard Blumenthal, Attorney General for the State of Connecticut., James Bradford Ramsay was on the brief for amicus curiae National Association of Regulatory Utility Commissioners., Allan B. Taylor was on the brief for intervenor New England Power Pool Participants Committee.  Scott P. Myers entered an appearance., Kathleen A. Carrigan, Clinton A. Vince, Sherry A. Quirk, J. Cathy Fogel, and Sandra Barbulescu were on the brief for intervenor ISO New England Inc. Robin E. Remis entered an appearance.


• For Appellees:
  
• Samuel Soopper, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent.   With him on the brief were John S. Moot, General Counsel, and Robert H. Solomon, Solicitor.