Legal Opinion

Pacific Gas & Electric Company v. Federal Energy Regulatory Commission

Court of Appeals for the Ninth Circuit

Decided September 18, 2006No. Nos. 04-70635, 04-71613PublishedCited by 16 opinions

1Opinion of the Court

THOMAS, Circuit Judge:

In this case, we consider another piece of the California energy crisis puzzle.1 Before us are petitions for review from the California Independent System Operator (“Cal-ISO”) and Pacific Gas and Electric Company (“PG & E”), alleging that the Federal Energy Regulatory Commission (“FERC”) committed various errors in permitting Cal-ISO to re-run certain Settlement Statements. We dismiss the petitions for lack of subject matter jurisdiction. We conclude that we lack subject matter jurisdiction to consider Cal-ISO’s petition for review because it implicates FERC’s…

2Cases cited11 opinions

  1. Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
  2. Heckler v. ChaneySupreme Court of the United States · 1985
  3. Montana-Dakota Utilities Co. v. Northwestern Public Service Co.Supreme Court of the United States · 1951
  4. Transmission Agency of Northern California v. Sierra Pacific Power Company, Bonneville Power Administration, Pacificorp, and Portland General ElectricCourt of Appeals for the Ninth Circuit · 2002
  5. Robert LOMBARDI, Plaintiff-Appellant, v. CITY OF EL CAJON; Steven Shakowski; Does 1 Through 30, Inclusive, Defendants-AppelleesCourt of Appeals for the Ninth Circuit · 1997

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3Cited by16 opinions

  1. Morgan Stanley Capital Group Inc. v. Public Util. Dist. No. 1 of Snohomish Cty.Supreme Court of the United States · 2008
  2. California Department of Water Resources v. Powerex Corp.Court of Appeals for the Ninth Circuit · 2008
  3. Public Utility District No. 1 of Snohomish County Washington, Reliant Energy Services Inc., Intervenor v. Federal Energy Regulatory Commission, Southern California Water Company, Enron Power Marketing Inc., Intervenor v. Federal Energy Regulatory Commission, Attorney General, State of Nevada, Bp Energy Company Mirant Americas Energy Marketing, L.P., Intervenors v. Federal Energy Regulatory Commission, Nevada Power Company Sierra Pacific Power Company v. Federal Energy Regulatory Commission, Public Utility District No. 1 of Snohomish County Washington, Calpine Energy Services, L.P. El Paso Merchant Energy L.P. Morgan Stanley Capital Group, Inc. Mirant Americas Energy Marketing, Lp Bp Energy Co. Allegheny Energy Supply Co., LLC American Electric Power Service Corporation, Intervenors v. Federal Energy Regulatory CommissionCourt of Appeals for the Ninth Circuit · 2006
  4. California Public Utilities Commission v. Federal Energy Regulatory CommissionCourt of Appeals for the Ninth Circuit · 2018
  5. Center for Biological Diversity v. Environmental Protection AgencyDistrict Court, N.D. California · 2014

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