United States DC Circuit
Pub. Serv. Comm'n of Wisconsin v. Fed. Energy Regulatory Comm'n, 06-1408, 07-1016
In a challenge to two FERC orders approving a proposed tariff revision proposed by the Midwest Independent Transmission System Operator (MISO), the petition for review is denied where the approval of MISO's plan to spread upgrade costs on a going-forward basis was not arbitrary, capricious, or lacking support in the record.
Appellate Information
- Decided 10/31/2008
- Published 10/31/2008
Judges
- Before: SENTELLE, Chief Judge, and HENDERSON and KAVANAUGH, Circuit Judges.
Court
- United States DC Circuit
Counsel
- For Appellant:
- Channing D. Strother, Jr. argued the cause for petitioner Public Service Commission of Wisconsin., Kira E. Loehr argued the cause for petitioner American Transmission Company, LLC and the intervenors in support of the petitioners. William Lee Cullen and Daniel L. Sanford were on brief. Curt F. Pawlisch entered an appearance., Stephen L. Teichler, Ilia Levitine, William Raymond Derasmo, Wendy N. Reed, Andrew T. Swers and Amanda M. Riggs were on brief for intervenors Midwest ISO Transmission Owners et al. Jeffrey M. Jakubiak entered an appearance.
- For Appellees:
- Judith A. Albert, Attorney, Federal Energy Regulatory Commission, argued the cause for the respondent. Cynthia A. Marlette, General Counsel, and Robert H. Solomon, Solicitor, were on brief.