United States DC Circuit

In a petition for review of two orders of the Federal Energy Regulatory Commission (FERC) regarding the rate base for network transmission service using the facilities of Florida Power & Light Company, the petition is denied where: 1) FERC established that its finding of testing comparability was supported by substantial evidence in the record; and 2) FERC's reasoned explanation and weighing of the evidence, particularly between disputing expert witnesses, was entitled to deference.

Appellate Information

• Argued 12/10/2009
• Decided 04/16/2010
• Published 04/16/2010

Judges

• Before ROGERS and GRIFFITH, Circuit Judges, and RANDOLPH, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Robert A. Jablon argued the cause for petitioner. With him on the briefs were Daniel I. Davidson, Peter J. Hopkins, and Rebecca J. Baldwin., Clifford (Mike) Naeve argued the cause for intervenor. With him on the brief were Kathryn Kavanagh Baran and Stephen L. Huntoon.


• For Appellees:
  
• Holly E. Cafer, 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.