CITIES OF ANAHEIM, RIVERSIDE, BANNING, COLTON, AND AZUSA, CALIFORNIA, et al., Petitioners,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
City of Vernon, Southern California Edison Company, Anza Electric Cooperative, Inc., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued May 13, 1991.
Decided August 20, 1991.
Attorney(s) appearing for the Case
Paul G. Bower, with whom Richard M. Merriman, Daniel G. Swanson, Gary M. Joye, Brian J. McManus, Stephen E. Pickett, and Janet K. Lohmann, were on the briefs, for Southern California Edison Co., petitioner in Nos. 90-1369 and 90-1566 and intervenor in Nos. 90-1236 and 90-1515. Richard K. Durant, also entered an appearance, for Southern California Edison Co.
Margaret A. McGoldrick (in No. 90-1236), and Bonnie S. Blair (in No. 90-1515), with whom Sandra J. Strebel, and Teresa A. Ferrante, were on the briefs, for Cities of Anaheim, Riverside, Banning, Colton, and Azusa, Cal., et al., petitioners in Nos. 90-1236 and 90-1515, and intervenors in Nos. 90-1369 and 90-1566. Peter K. Matt and Russell F. Smith also entered appearances, for Cities of Anaheim, et al.
Hanford O'Hara (in No. 90-1236), and Katherine Waldbauer (in No. 90-1515), Attorneys, Federal Energy Regulatory Commission ("FERC"), with whom William S. Scherman, Gen. Counsel, FERC, and Jerome M. Feit, Sol., FERC, were on the briefs, for respondent.
Arnold Fieldman and Channing D. Strother Jr. were on the briefs, for intervenor City of Vernon, Cal. Reuben Goldberg, Glenn W. Letham, and Kenneth M. Albert, also entered appearances, for intervenor City of Vernon.
Howard L. Nelson entered an appearance, for intervenor Anza Elec. Co-op, Inc., in No. 90-1515.
Before EDWARDS, BUCKLEY and RANDOLPH, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the court filed by Circuit Judge BUCKLEY.
BUCKLEY, Circuit Judge:
Over the past fifteen years, the Federal Energy Regulatory Commission ("Commission" or "FERC") has developed rules for adjudicating allegations of "price squeeze." Price squeeze is a quasi-antitrust concept; it refers to an unjustified disparity between a public utility's wholesale and retail electric power rates ("price discrimination") that harms the ability of wholesale customers...
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