MARYLAND PUBLIC SERVICE COM'N v. F.E.R.C.

No. 09-1296.

632 F.3d 1283 (2011)

MARYLAND PUBLIC SERVICE COMMISSION and New Jersey Board of Public Utilities, Petitioners v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent American Municipal Power, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided February 8, 2011.


Attorney(s) appearing for the Case

Randall L. Speck argued the cause for petitioners. With him on the briefs was David L. Cousineau .

Robert A. Weishaar Jr. , Robert Weinberg , Randolph Lee Elliott , Susan N. Kelly , Paula M. Carmody , William F. Fields , Charles F. Wheatley Jr. , David R. Straus , and Stephanie A. Conaghan were on the brief for intervenors PJM Industrial Customer Coalition, et al. in support of petitioners. Joshua E. Adrian entered an appearance.

Carol J. Banta , Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were Thomas R. Sheets , General Counsel, Robert H. Solomon , Solicitor, and Jennifer S. Amerkhail , Attorney.

Paul M. Flynn argued the cause for intervenor PJM Interconnection, L.L.C. in support of respondent. With him on the brief was Barry S. Spector .

John N. Estes III , argued the cause for intervenors PJM Power Providers Group, et al. in support of respondent. With him on the brief were John L. Shepherd , Ashley C. Parrish , David G. Tewksbury , Richard Paul Bress , Randall Verne Griffin , John Longstreth , Donald A. Kaplan , Kenneth R. Carretta , David O. Dardis , Cortney Madea , A. Karen Hill , Stephen L. Huntoon , Kirk J. Emge , and Michael J. Rustum . James C. Beh , Shay Dvoretzky , Nicholas G. Terris , and Paul F. Wight entered appearances.

Opinion PER CURIAM.


PER CURIAM:

Petitioners, the Maryland Public Service Commission and the New Jersey Board of Public Utilities, challenge higher electricity rates that were the result of a new pricing model the Federal Energy Regulatory Commission adopted to encourage increased investment in capacity. We deny the petition for review because the Commission adequately explained why the new rates were just and reasonable.

Respondent-Intervenor PJM Interconnection, LLC, ("PJM"...

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