NEXTERA DESERT CENTER BLYTHE, LLC v. F.E.R.C.

No. 16-1003.

852 F.3d 1118 (2017)

NEXTERA DESERT CENTER BLYTHE, LLC, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent California Independent System Operator Corporation and Southern California Edison Company, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided April 4, 2017.


Attorney(s) appearing for the Case

John N. Estes III argued the cause for petitioner. With him on the briefs were Gerard A. Clark and John Lee Shepherd, Jr. , Washington, DC.

Elizabeth E. Rylander , Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. On the brief were Robert H. Solomon , Solicitor, and Ross R. Fulton , Attorney, Charlotte, NC.

William H. Weaver argued the cause for intervenors California Independent System Operator Corporation, et al. With him on the brief were Daniel J. Shonkwiler , Roger Collanton , and Rebecca A. Furman .

Before: Henderson, Tatel and Srinivasan, Circuit Judges.


In this petition for review, a major producer of solar power challenges orders of the Federal Energy Regulatory Commission denying its effort to obtain financial instruments known as Congestion Revenue Rights. Because FERC erroneously concluded that the relevant contract and tariff provisions unambiguously foreclose petitioner...

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