United States DC Circuit
Westar Energy, Inc. v. Fed. Energy Regulatory Comm., 08-1196
In a petition for review of a FERC ratemaking order requiring electricity wholesalers to make refunds to customers, the petition is denied, where Petitioners provided no basis for disturbing FERC's reasoned decision to apply a point of sale test rather than a sink-based test to Petitioners' market-based tariffs.
Appellate Information
- Argued 03/26/2009
- Decided 06/12/2009
- Published 06/12/2009
Judges
- Before: HENDERSON, TATEL and KAVANAUGH, Circuit Judges.
Court
- United States DC Circuit
Counsel
- For Appellant:
- Martin J. Bregman argued the cause for petitioners. With him on the briefs were Donald K. Dankner, Raymond B. Wuslich, and Margaret H. Claybour.
- For Appellees:
- Kathrine L. Henry, 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.