Legal Opinion

Sithe New England Holdings, LLC v. Federal Energy Regulatory Commission, Northeast Utilities Service Company v. Federal Energy Regulatory Commission

Court of Appeals for the First Circuit

Decided October 4, 2002No. 01-1933, 01-1952 and 02-1158PublishedCited by 9 opinions

1Opinion of the Court

BOUDIN, Chief Judge.

In this case, a number of electric power companies that supply surplus power to other distributors petition for review of a set of orders of the FERC. The only issue, narrow but complicated, is whether FERC erred in determining that the so-called ICAP charge in New England for a thirteen-month period now past (August 1, 2000-August 31, 2001) should be held at $0.17 per kw-month rather than set at a much higher figure sought by the petitioning utilities. The case is a sequel to Central Maine Power Co. v. FERC, 252 F.3d 34 (1st Cir.2001).

The regulatory scheme, the history of…

2Cases cited8 opinions

  1. Federal Power Commission v. Hope Natural Gas Co.Supreme Court of the United States · 1944
  2. Arkansas Louisiana Gas Co. v. HallSupreme Court of the United States · 1981
  3. Market Street Railway Co. v. Railroad Commission of CaliforniaSupreme Court of the United States · 1945
  4. Northeast Utilities Service Co. v. Federal Energy Regulatory CommissionCourt of Appeals for the First Circuit · 1995
  5. Central Maine Power Co. v. Federal Energy Regulatory CommissionCourt of Appeals for the First Circuit · 2001

3 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. In Re Lupron® Marketing & Sales Practices LitigationDistrict Court, D. Massachusetts · 2003
  2. City of Redding v. Federal Energy Regulatory CommissionCourt of Appeals for the Ninth Circuit · 2012
  3. Electricity Consumers Resource Council v. Federal Energy Regulatory CommissionCourt of Appeals for the D.C. Circuit · 2005
  4. California Public Utilities Commission v. Federal Energy Regulatory CommissionCourt of Appeals for the Ninth Circuit · 2018
  5. City of Redding v. Federal Energy Regulatory CommissionCourt of Appeals for the Ninth Circuit · 2012

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