United States DC Circuit

In a petition for review before this court of the Federal Energy Regulatory Commission's (FERC) decision regarding the inclusion of acquisition premium costs in petitioner-utility's initial rates, the petition is granted where FERC's action was plainly inconsistent with its own precedents and also inconsistent with the agency's treatment of the acquisition premiums embedded in the costs associated with the pipelines at issue.

Appellate Information

• Argued 02/19/2010
• Decided 04/13/2010
• Published 04/13/2010

Judges

• Before: HENDERSON and GARLAND, Circuit Judges, and EDWARDS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Lera L. Shemwell argued the cause for petitioner. With her on the briefs were Samuel D. Ritchie, Kathleen L. Mazure, and Jason T. Gray.


• For Appellees:
  
• Holly E. Cafer, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were Thomas R. Sheets, General Counsel, and Robert H. Solomon, Solicitor.