United States DC Circuit

In a dispute concerning the cost of electric power supply, defendant-FERC's refusal to consider whether physical incapacity provides a proper basis for an exception to full load ratio pricing is arbitrary and capricious.

Appellate Information

• Argued 03/22/2005
• Decided 06/14/2005
• Published 06/14/2005

Judges

• HARRY T. EDWARDS, Circuit Judge., Before:  GINSBURG, Chief Judge, and EDWARDS and TATEL, Circuit Judges.

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 and Peter J. Hopkins., Clifford M. Naeve, Glen S. Bernstein, and Kathryn K. Baran were on the brief for intervenor.


• For Appellees:
  
• Judith A. Albert, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent.   With her on the brief were Cynthia A. Marlette, General Counsel, and Dennis Lane, Solicitor.