United States DC Circuit

Petition for review of an order by the FEC approving unique rates which petitioner charges "standby customers" is denied where the Commission reasonably approved as "just and reasonable" the rate for standby customers based on the probabilistic method, as substantial evidence showed that the unpredictability of standby customer demand imposes costs not captured by measuring that class' contribution to system peak.

Appellate Information

• Argued 12/07/2007
• Decided 05/23/2008
• Published 05/23/2008

Judges

• Before: RANDOLPH, GRIFFITH, and KAVANAUGH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Donald E. Brookhyser argued the cause for petitioners.   With him on the briefs was Michael Alcantar.


• 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., Mark D. Patrizio argued the cause for intervenors Pacific Gas & Electric Company and California Electricity Oversight Board in support of respondent.   With him on the brief were Erik N. Saltmarsh and Jeffrey A. Diamond.