Public Citizen, Inc. v. Federal Energy Regulatory Commission

BROWN, Circuit Judge:

In this consolidated case, Petitioners Public Citizen and Connecticut seek review of two Notices issued by the Federal Energy Regulatory Commission as part of ISO New England’s eighth forward-capacity market. They contend we have jurisdiction because the Notices constitute either orders under the Federal Power Act or action unlawfully withheld under the Administrative' Procedure Act. We disagree and dismiss for lack of jurisdiction.

I

ISO New England (“ISO-NE”) is a private, nonprofit entity that, among other things, administers New England’s energy markets. The Federal…