Legal Opinion · Concurring in part, dissenting in part
Public Utilities Commission v. Federal Energy Regulatory Commission
Court of Appeals for the D.C. Circuit
Decided February 2, 1990No. Nos. 88-1530, 88-1572Published
1Concurring in part, dissenting in partMikva, Circuit Judge
I join in the first part of the majority’s opinion, but I cannot join that portion which reverses FERC’s decision to require repayment of the time value of El Paso’s tax reserves. The majority’s decision declares FERC’s compromise unreasonable although that compromise is precisely the type of solution that this very court proposed to FERC when it remanded this case. To condemn as unreasonable that which three judges of this court found to be within the agency’s discretion is itself most unreasonable. We make it hard for agencies to know what is the order of the march when the direction is…
2Cases cited4 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Ford Motor Co. (Chicago Stamping Plant) v. National Labor Relations BoardSupreme Court of the United States · 1979
- The Second National Natural Gas Rate Cases American Public Gas Association v. Federal Power CommissionCourt of Appeals for the Second Circuit · 1977
- Public Utilities Commission of the State of California v. Federal Energy Regulatory Commission, Southern California Gas Company, Pacific Gas & Electric Company, Southwest Gas Corporation, City of Mesa, Arizona, El Paso Natural Gas Company, Fina Oil and Chemical Company, Transwestern Pipeline Company, Phelps Dodge Corp., Salt River Project Agricultural Improvement and Power District, Intervenors. Asarco, Inc. v. Federal Energy Regulatory Commission, Salt River Project Agricultural Improvement and Power District, Phelps Dodge Corp., Public Utilities Commission of the State of California, City of Mesa, Arizona, Southwest Gas Corporation, El Paso Natural Gas Company, Pacific Gas & Electric Company, Fina Oil and Chemical Company, Arizona Public Service Company, Intervenors. El Paso Natural Gas Company v. Federal Energy Regulatory Commission, Public Utilities Commission of the State of California, Southern California Gas Company, Arizona Public Service Company, Pacific Gas & Electric Company, Southwest Gas Corporation, Transwestern Pipeline Company, City of Mesa, Arizona, Phelps Dodge Corp., Salt River Project Agricultural Improvement and Power District, Intervenors. Fina Oil and Chemical Company v. Federal Energy Regulatory Commission, Salt River Project Agricultural Improvement and Power District, Phelps Dodge Corp., Public Utilities Commission of the State of California, City of Mesa, Arizona, El Paso Natural Gas Company, Pacific Gas & Electric Company, IntervenorsCourt of Appeals for the D.C. Circuit · 1987