United States DC Circuit

Federal Energy Regulatory Commission's approval of rates charged by a Regional Transmission Organization that covered the cost of certain activities that may include lobbying did not violate the First Amendment rights of the member power utility companies who were forced to pay those costs. The Commission's approval of those rates was neither arbitrary nor capricious.

Appellate Information

• Argued 10/21/2008
• Decided 12/16/2008
• Published 12/16/2008

Judges

• Before:  GRIFFITH, Circuit Judge, and EDWARDS and WILLIAMS, Senior Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• John P. Coyle argued the cause and filed the briefs for petitioners., Colleen Mary McConnell, Assistant Attorney General, Attorney General's Office for the Commonwealth of Massachusetts, and Bruce C. Johnson, Attorney, Office of Consumer Counsel, were on the brief for intervenors in support of petitioners.  Joseph W. Rogers, Assistant Attorney General, Attorney General's Office for the Commonwealth of Massachusetts, entered an appearance., Howard H. Shafferman and Daniel R. Simon were on the brief for intervenor ISO New England Inc.


• For Appellees:
  
• Beth G. Pacella, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent.   With her on the brief were Cynthia A. Marlette, General Counsel, and Robert H. Solomon, Solicitor.  John P. Coyle, Attorney, entered an appearance.