United States DC Circuit

Petition for review by customers of a public utility challenging respondnet's decision approving new charges for electricity service is denied over claims that: 1) the decision to approve the charges was arbitrary and capricious because the assessed services are already covered in contracts that shield them from new charges unless they are for "new services"; and 2) respondent's conclusion is inconsistent with previous determinations made with regard to the same charges.

Appellate Information

• Argued 03/16/2007
• Decided 06/15/2007
• Published 06/15/2007

Judges

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

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Alan I. Robbins argued the cause for petitioner.   With him on the briefs was Elizabeth B. Teuwen., Larissa A. Shamraj and Jeffrey L. Landsman were on the brief for intervenors Midwest Municipal Transmission Group and Dairyland Power Cooperative in support of petitioner.  Robert A. Jablon entered an appearance.


• For Appellees:
  
• Jeffery S. Dennis, 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. Judith A. Albert, Attorney, entered an appearance., Michael E. Small argued the cause for intervenors Midwest ISO Transmission Owners in support of respondents.   With him on the briefs was Arnold B. Podgorsky.  Andrew T. Swers and Wendy N. Reed entered appearances.