United States DC Circuit

In a petition for review of a Federal Energy Regulatory Commission order setting a higher rate of compensation for wholesale electricity generators, the petition is granted, where the order was impermissibly retroactive under 16 U.S.C. section 824e(a).

Appellate Information

• Argued 11/10/2008
• Decided 02/27/2009
• Published 02/27/2009

Judges

• Before:  TATEL and KAVANAUGH, Circuit Judges, and SILBERMAN, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Bonnie S. Blair argued the cause for petitioners.   With her on the briefs were Ransom E. Davis and Margaret E. McNaul., With her on the brief were Cynthia A. Marlette, General Counsel, and Robert H. Solomon, Solicitor.


• For Appellees:
  
• Beth G. Pacella, Senior Attorney, Federal Energy Regulatory Commission, argued the cause for respondent.