ADVANCED ENERGY MANAGEMENT ALLIANCE v. F.E.R.C.

No. 16-1234 Consolidated with 16-1235, 16-1236, 16-1239.

860 F.3d 656 (2017)

ADVANCED ENERGY MANAGEMENT ALLIANCE, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Old Dominion Electric Cooperative, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 20, 2017.


Attorney(s) appearing for the Case

Randolph Lee Elliott argued the cause for petitioner American Public Power Association. Katherine Desormeau argued the cause for petitioner Natural Resources Defense Council. With them on the joint briefs were Gerit F. Hull , Jill Barker , Paul Breakman , Adrienne E. Clair , Washington, DC, Casey A. Roberts , Delia D. Patterson , Christopher S. Porrino , Attorney General, Office of the Attorney General for the State of New Jersey, Carolyn McIntosh , Deputy Attorney General, Aaron S. Colangelo , Jennifer Chen , David Bender , Gary J. Newell , Andrea I. Sarmentero-Garzón , Washington, DC, Susan Stevens Miller , Baltimore, MD, and Jill Tauber , Cincinnati, OH.

Bruce A. Grabow , Jennifer Brough , San Francisco, CA, and Eugene Grace , Paoli, PA, were on the briefs for intervenors American Wind Energy Association, et al. in support of petitioners.

Carol J. Banta , Senior Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were Robert H. Solomon , Solicitor, and Nicholas M. Gladd , Attorney.

Matthew E. Price , Washington, DC, argued the cause for intervenors PJM Interconnection, L.L.C., et al. in support of respondents. With him on the brief were Ishan K. Bhabha , Jeffrey A. Lamken , Paul M. Flynn , Ryan J. Collins , Washington, DC, Jennifer H. Tribulski , Jeffrey Whitefield Mayes , Abraham Silverman , Kenneth R. Carretta , Newark, NJ, Cara J. Lewis , Neil Lawrence Levy , Cortney Madea , and Larry F. Eisenstat , Washington, DC.

Ashley C. Parrish , Paul Alessio Mezzina , David G. Tewksbury , Stephanie S. Lim , Jason A. Levine , John S. Decker , Washington, DC, and Stacy Linden were on the brief for amici curiae The Electric Power Supply Association, et al. in support of respondent.

Before: Brown, Circuit Judge, and Sentelle and Randolph, Senior Circuit Judges.


The Federal Energy Regulatory Commission approved new rules governing the buying and selling of "capacity." "Capacity" is the ability to produce electricity. Purchasers of capacity acquire the right to buy electricity in the future. Petitioners object to the Commission's approval of...

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