United States DC Circuit

Petition for review of an FERC decision upholding the imposition of administrative fees by the California Independent Systems Operator, and pass-through of those fees by PG&E to its customers, is denied in part where: 1) certain petitioners' challenge was untimely; and 2) the Commission did not act arbitrarily or capriciously in its approval of the California ISO's fees or the PG&E pass-through.

Appellate Information

• Argued 02/26/2008
• Decided 05/02/2008
• Published 05/02/2008

Judges

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

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Mark W. Pennak, Attorney, U.S. Department of Justice, and Harvey L. Reiter argued the cause for petitioners Western Area Power Administration, et al.   With them on the briefs were Glen L. Ortman, Lucy Holmes Plovnick, M. Denyse Zosa, Wallace Lamar Duncan, Sean M. Neal, James D. Pembroke, Derek Anthony Dyson, William S. Huang, and Meg Meiser.   Anthony A. Yang and Robert S. Greenspan, Attorneys, U.S. Department of Justice, and Robert C. McDiarmid, Lisa S. Gast, and Peter J. Scanlon entered appearances., Rod S. Aoki argued the cause for petitioners Cogeneration Association of California and Energy Producers and Users Coalition.   With him on the briefs were Michael Alcantar and Donald Brookhyser., Kerry C. Klein argued the cause for intervenors.   With her on the brief were Michael E. Ward, Mark D. Patrizio, and Jennifer L. Key.   Anthony J. Ivancovich and Bradley R. Miliauskas entered appearances.


• For Appellees:
  
• Samuel Soopper, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent.   With him on the briefs were Cynthia A. Marlette, General Counsel, and Robert H. Solomon, Solicitor.  Patrick Y. Lee, Attorney, entered an appearance.