United States DC Circuit

Petitioner unsuccessfully challenges FERC's approval of the long-term reallocation of power-generating capacity among the affiliates of the Entergy system. The ALJ properly found that: 1) although there was an apparent transfer of costs between New Orleans and Entergy Gulf States, the rise in Gulf States's costs could not be attributed to the reallocation alone; 2) Gulf States was slated for its own long-term allocations in the future; and 3) the "bandwidth remedy" ensures a minimum level of rough equalization of costs.

Appellate Information

• Argued 11/07/2008
• Decided 12/30/2008
• Published 12/30/2008

Judges

• Before ROGERS, TATEL, and KAVANAUGH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Michael R. Fontham argued the cause for petitioner.   With him on the briefs were Paul L. Zimmering, and Noel J. Darce., J. Wayne Anderson argued the cause for intervenors.   On the brief were Mary Woodford Cochran, Paul Randolph Hightower, Ted Joseph Thomas, Clinton A. Vince, Orlando E. Vidal, William S. Scherman, and Gregory W. Camet.  Emma F. Hand entered an appearance.


• For Appellees:
  
• Carol J. Banta, 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.