United States DC Circuit

In a petition for review of the Federal Energy Regulatory Commission's (FERC) decision that the same method used for calculating transmission charges for station power must be used to calculate retail charges, the petition is granted where FERC's authority did not preempt the state's authority to set the netting period for station power - i.e., the pricing mechanism - in the retail market or to allow utilities to impose consumption charges.

Appellate Information

• Argued 04/05/2010
• Decided 05/04/2010
• Published 05/04/2010

Judges

• Before SENTELLE, Chief Judge, GARLAND, Circuit Judge, and SILBERMAN, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Jennifer L. Key argued the cause for petitioner. With her on the briefs were Charles G. Cole, Alice E. Loughran, Jennifer Hasbrouck, and Anna J. Valdberg.


• For Appellees:
  
• Robert M. Kennedy, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief were Thomas R. Sheets, General Counsel, and Robert H. Solomon, Solicitor., Ashley C. Parrish argued the cause for intervenors Dynegy Moss Landing, LLC, et al. in support of respondent. With him on the brief were Neil L. Levy, David G. Tewksbury, Michael J. Rustum, Woody N. Peterson, David C. Dickey, and Christopher C. O'Hara. Betsy R. Carr, Gretchen Schott, and Robert C. Fallon entered appearances.