Southern California Edison Co. v. Federal Energy Regulatory Commission

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

Southern California Edison Company (“Edison”) appeals two orders of the Federal Energy Regulatory Commission (“FERC”) interpreting the “small power production facility” provision of § 3(17) of the Federal Power Act to permit such a facility to use fossil fuels to supplement alternative fuels in a manner not expressly authorized under the statute. 1 Edison contends that § 3(17)(A) & (B), on which FERC relied, is unambiguous, and conse: quently the two orders cannot stand. FERC, in response, contends that § 3(17)(B) is…