United States DC Circuit

Petitions for review challenging the FERC's approval of a comprehensive settlement that redesigned New England's capacity market are granted where the FERC unlawfully deprived non-settling parties of their rights under the Federal Power Act, but denied as to all other issues.

Appellate Information

• Argued 02/14/2008
• Decided 03/28/2008
• Published 03/28/2008

Judges

• PER CURIAM:, Before:  ROGERS and GARLAND, Circuit Judges, and SILBERMAN, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Lisa Fink, Attorney, Maine Public Utilities Commission, and John S. Wright, Assistant Attorney General, Attorney General's Office of State of Connecticut, argued the cause for petitioners.   With them on the briefs were Lisa S. Gast, L. Elise Dieterich, Richard Blumenthal, Attorney General, Attorney General's Office of State of Connecticut, Michael C. Wertheimer, Assistant Attorney General, Martha Coakley, Attorney General, Attorney General's Office for the Commonwealth of Massachusetts, and Jesse S. Reyes, Assistant Attorney General., Donald J. Sipe, Mary E. Grover, Stephen L. Teichler, Robert A. Weishaar, Jr., and Vasiliki Karandrikas were on the briefs for intervenors in support of petitioners.  Jonathan G. Mermin and Linda S. Lockhart entered appearances., John N. Estes, III argued the cause for intervenors FPL Energy, LLC. With him on the brief were Randall L. Speck, Scott Harris Strauss, Scott Phillip Myers, James Kilburn Mitchell, Paul Franklin Wight, Larry F. Eisenstat, George E. Johnson, Christopher C. O'Hara, Kenneth L. Wiseman, Mark F. Sundback, Christopher Rhodes Jones, Kenneth Richard Carretta, David Talmage Musselman, and Aaron James Bullwinkel.   Jennifer L. Spina entered an appearance.


• For Appellees:
  
• Jeffery S. Dennis, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent.   With him on the brief were Cynthia A. Marlette, General Counsel, and Robert H. Solomon, Solicitor., Sherry A. Quirk, Robin E. Remis, and Kathleen A. Carrigan were on the brief for intervenor ISO New England Inc. in support of respondent.  Kerim P. May entered an appearance., Barry S. Spector and Paul M. Flynn were on the brief for amicus curiae PJM Interconnection, L.L.C. in support of respondent.