PUC of State of CA, et al v. FERC

Filing 920081203

Opinion

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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA; CALIFORNIA ELECTRIC OVERSIGHT BOARD, Petitioners, PACIFIC GAS AND ELECTRIC COMPANY; NEVADA POWER COMPANY; SOUTHERN CALIFORNIA EDISON CO. ("EDISON"); DEPARTMENT OF WATER AND POWER OF THE CITY OF LOS ANGELES, PUBLIC SERVICE DEPARTMENT OF THE CITY OF BURBANK, PUBLIC SERVICE DEPARTMENT OF THE CITY OF GLENDALE, AND WATER AND POWER DEPARTMENT OF THE CITY OF PASADENA (COLLECTIVELY "LADWP, ET AL."); SEMPRA ENERGY; MIRANT AMERICAS ENERGY MARKETING, L.P.; CORAL POWER; PPM ENERGY; PUBLIC UTILITY DISTRICT NO. 1 OF SNOHOMISH COUNTY, WASHINGTON; DYNEGY POWER MARKETING INC., Intervenors, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. No. 03-74207 FERC Nos. EL02-60 EL02-62 Northern District of California, San Francisco 15893 15894 PUC v. FERC CALIFORNIA ELECTRIC OVERSIGHT BOARD; CALIFORNIA PUBLIC UTILITIES COMMISSION, Petitioners, NEVADA POWER COMPANY; SOUTHERN CALIFORNIA EDISON CO. ("EDISON"); DEPARTMENT OF WATER AND POWER OF THE CITY OF LOS ANGELES, PUBLIC SERVICE DEPARTMENT OF THE CITY OF BURBANK, PUBLIC SERVICE DEPARTMENT OF THE CITY OF GLENDALE, AND WATER AND POWER DEPARTMENT OF THE CITY OF PASADENA (COLLECTIVELY "LADWP, ET AL."); SEMPRA ENERGY; MIRANT AMERICAS ENERGY MARKETING, L.P.; PPM ENERGY; PUBLIC UTILITY DISTRICT NO. 1 OF SNOHOMISH COUNTY, WASHINGTON; DYNEGY POWER MARKETING INC., Intervenors, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. No. 03-74246 FERC No. EL 02-60--000 Northern District of California, San Francisco ORDER On Remand from the United States Supreme Court Filed December 4, 2008 Before: Harry Pregerson, Marsha S. Berzon and Richard R. Clifton, Circuit Judges. PUC v. FERC 15895 ORDER In light of the Supreme Court's order in Sempra Generation, et al. v. Public Utilities Commission of California, et al., 128 S. Ct. 2993 (2008), and its opinion in Morgan Stanley Capital Group Inc. v. Public Utility District No. 1 of Snohomish County, 128 S. Ct. 2733 (2008), we VACATE our prior opinion and REMAND to the Federal Energy Regulatory Commission for further proceedings consistent with the Supreme Court's rulings. We do not at this time decide the question reserved by our prior opinion as to whether the Mobile-Sierra doctrine applies to the California Public Utilities Commission, which was not a signatory to the long-term contracts at issue in this case; our remand is without prejudice to Petitioners' ability to raise this question anew before FERC, or before this Court at a later time. The mandate shall issue forthwith. VACATED and REMANDED. PRINTED FOR ADMINISTRATIVE OFFICE--U.S. COURTS BY THOMSON REUTERS/WEST--SAN FRANCISCO The summary, which does not constitute a part of the opinion of the court, is copyrighted 2008 Thomson Reuters/West.

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