United States DC Circuit
CO Office of Consumer Counsel v. Fed. Energy Regulatory Comm'n, 04-1238
Petition for review of a series of new FERC rules affecting all existing and future market-based tariffs approved by the Commission is denied where no statute mandates that a FERC finding with respect to a discrete issue pertaining to unjust and unreasonable rates requires the Commission to reopen and reevaluate all other aspects of the filed rate.
Appellate Information
- Argued 03/14/2007
- Decided 06/22/2007
- Published 06/22/2007
Judges
- Before: ROGERS, TATEL and GRIFFITH, Circuit Judges.
Court
- United States DC Circuit
Counsel
- For Appellant:
- Lynn N. Hargis argued the cause for petitioners. With her on the briefs was Gerald A. Norlander., Scott H. Angstreich argued the cause for intervenors. With him on the brief were David C. Frederick, Brendan J. Crimmins, Paul W. Fox, John D. McGrane, Edward H. Comer, Gary D. Bachman, Cheryl Feik Ryan, Howard E. Shapiro, John T. Stough, Jr., and Kevin M. Downey. Andrea M. Kearney, Erin M. Murphy, and Charles V. Garcia entered appearances.
- 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 Michael E. Kaufmann, Attorney.