Calpine Corp. v. Federal Energy Regulatory Commission

Opinion for the Court filed by Senior Circuit Judge SILBERMAN.

SILBERMAN, Senior Circuit Judge:

For the third time, we consider FERC’s authority to regulate public-utility charges to independent generators- for the latter’s use of “station power” — the electricity necessary to operate a generator’s requirements for light, heat, air conditioning, etc. FERC now concludes that it lacks this authority, and we affirm.

I

We explained the legal and economic background of the electrical energy market in Niagara Mohawk Power Corp. v. FERC, 452 F.3d 822 (D.C.Cir.2006), and Southern California Edison Co. v.…