United States DC Circuit

Petitioners lack standing to challenge a FERC decision to re-license a dam operator without binding it to the terms of its existing contract setting fixed electric power rates, since state operators, not the FERC, have the power to set rates, and a decision requiring FERC to make the existing rates a condition of the license would not redress petitioners' injury.

Appellate Information

• Argued 11/13/2007
• Decided 07/25/2008
• Published 07/25/2008

Judges

• Before:  HENDERSON, GARLAND, and BROWN, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• George K. Kiely argued the cause for petitioner.   On the briefs was Edward A. Finklea.


• For Appellees:
  
• Samuel Soopper, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent.   On the brief were John S. Moot, General Counsel, Robert H. Solomon, Solicitor, and Jeffery S. Dennis, Attorney., Sam Kalen, Michael A. Swiger, Charles R. Sensiba, Thomas P. Schlosser, Glen H. Spain, Howard M. Crystal, and Joshua Randolph Stebbins were on the brief for intervenors in support of respondent.