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SITHE/INDEPENDENCE POWER PARTNERS v. F.E.R.C.

No. 00-1092.

285 F.3d 1 (2002)

SITHE/INDEPENDENCE POWER PARTNERS, L.P., Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent Public Service Commission of the State of New York, et al., Intervenors

United States Court of Appeals, District of Columbia Circuit.

Decided April 9, 2002.

Attorney(s) appearing for the Case

Richard P. Bress argued the cause for petitioner. With him on the briefs were David L. Schwartz and Minh N. Vu.

Beth G. Pacella, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were Cynthia A. Marlette, Acting General Counsel, and Dennis Lane, Solicitor.

Elias G. Farrah, Rebecca J. Michael and Arnold H. Quint were on the brief for intervenors New York Independent System Operator, Inc. and New York Transmission Owners.

Before: EDWARDS and SENTELLE, Circuit Judges, and SILBERMAN, Senior Circuit Judge.

Opinion for the Court filed by Senior Circuit Judge SILBERMAN.

SILBERMAN, Senior Circuit Judge:

Sithe petitions for review of two orders by the Federal Energy Regulatory Commission, one conditionally accepting a proposal to restructure wholesale electricity sales and transmission services in New York State, the second denying Sithe's application for rehearing. Because FERC failed to explain adequately its decision to depart from its longstanding cost-causation...

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