United States DC Circuit

Petition for review challenging orders requiring the City of Vernon, California to issue refunds to the California Independent System Operator Corporation for overcollection of its transmission revenue requirement are granted as to portions of the orders requiring refunds where, although respondent has sufficiently demonstrated its authority to review Vernon's transmission revenue requirement under the just and reasonable standard, respondent lacks jurisdiction to order Vernon to pay refunds to CAISO.

Appellate Information

• Argued 05/14/2007
• Decided 07/20/2007
• Published 07/20/2007

Judges

• Before:  GINSBURG, Chief Judge, and HENDERSON and GRIFFITH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Dennis M.P. Ehling argued the cause for petitioners.   With him on the briefs were Roger D. Stark, Wallace L. Duncan, James D. Pembroke, Michael Postar, Peter J. Scanlon, Sean M. Neal, and Kristen Connolly McCullough., Wallace F. Tillman, Lisa G. Dowden, Daniel I. Davidson, Robert C. McDiarmid, Susan N. Kelly, Jonathan D. Schneider, Harvey L. Reiter, and Linda M. Nagel were on the briefs for intervenor and amici curiae in support of petitioner.  Eugene Tillman 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., Stuart K. Gardiner argued the cause for intervenors in support of respondent.   With him on the brief were Anna J. Valdberg, Jennifer L. Key, Michael E. Ward, Anthony J. Ivancovich, Daniel J. Shonkwiler, Erik N. Saltmarsh, and Jeffrey A. Diamond.  Victoria S. Kolakowski entered an appearance.