United States DC Circuit

In a petition for review of FERC's modification of the amount of a bulk power system's Installed Capacity Requirement (ICR), the petition is denied where FERC was not directly regulating electrical generation in its review of the ICR, and thus FERC was not exceeding its authority under the Federal Power Act.

Appellate Information

• Argued 05/12/2009
• Decided 06/23/2009
• Published 06/23/2009

Judges

• Before TATEL, GARLAND, and GRIFFITH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Randall L. Speck argued the cause and filed the briefs for petitioner., John S. Wright and Michael C. Wertheimer, Assistant Attorneys General, Attorney General's Office of State of Connecticut, Jesse S. Reyes, Assistant Attorney General, Attorney General's Office of Commonwealth of Massachusetts, and Lisa C. Fink were on the briefs for intervenors Richard Blumenthal, Attorney General for the State of Connecticut, Maine Public Utilities Commission, and Massachusetts Department of Public Utilities in support of petitioner.  Lisa S. Gast entered an appearance., James Bradford Ramsay, William H. Smith, Jr., Frank R. Lindh, Mary F. McKenzie, Christopher E. Clay, Michael A. Cox, Attorney General, Attorney General's Office of State of Michigan, Steven D. Hughey, Michael A. Nickerson, and Patricia S. Barone, Assistant Attorneys General, David D'Alessandro, Harvey L. Reiter, Anne Milgram, Attorney General, Attorney General's Office of State of New Jersey, Margaret Comes, Deputy Attorney General, Jonathan D. Feinberg, Gisele L. Rankin, John A. Levin, and Florence P. Belser were on the brief of amici curiae National Association of Regulatory Utility Commissioners et al. in support of petitioner.  Grace D. Reyes and Caroline Vachier, Assistant Attorney General, Attorney General's Office of State of New Jersey, entered appearances., Nancy H. Rogers, Attorney General, Attorney General's Office of State of Ohio, and Duane W. Luckey and Thomas W. McNamee, Assistant Attorneys General, were on the brief for amicus curiae State of Ohio in support of petitioner., John N. Estes III argued the cause for intervenors New England Power Pool Participants Committee, et al.   With him on the brief were Scott Phillip Myers, Paul Franklin Wight, James C. Beh, Shay Dvoretzky, Larry F. Eisenstat, George E. Johnson, and Christopher C. O'Hara.


• For Appellees:
  
• Samuel Soopper, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent.   With him on the brief were Cynthia A. Marlette, General Counsel, and Robert H. Solomon, Solicitor., Sherry A. Quirk and Montina M. Cole were on the brief for intervenor ISO New England, Inc. in support of respondent., Barry S. Spector and Paul M. Flynn were on the brief of amicus curiae PJM Interconnection, L.L.C. in support of respondent., Ashley C. Parrish and David G. Tewksbury were on the brief for amicus curiae The Electric Power Supply Association in support of respondent.