Public Utility District No. 1 v. Federal Energy Regulatory Commission

U.S. Court of Appeals for the Ninth Circuit November 3, 2008

Public Utility District No. 1 v. Federal Energy Regulatory Commission, 547 F.3d 1081 (9th Cir. 2008)

2008 U.S. App. LEXIS 23290

Opinion of the Court

ORDER

In light of the Supreme Court’s ruling in Morgan Stanley Capital Group Inc. v.

*1082-1090Public Utility District No. 1 of Snohomish County, — U.S. -, 128 S.Ct. 2733, 171 L.Ed.2d 607 (2008), we VACATE our prior opinion and REMAND to the Federal Energy Regulatory Commission for further proceedings consistent with the Supreme Court’s opinion. The mandate shall issue forthwith.

VACATED and REMANDED.

Reference

Full Case Name: PUBLIC UTILITY DISTRICT NO. 1 OF SNOHOMISH COUNTY WASHINGTON, Reliant Energy Services Inc., Intervenor v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent Public Utility District No. 1 of Snohomish County Washington, Calpine Energy Services, L.P. El Paso Merchant Energy L.P. Morgan Stanley Capital Group, Inc. Mirant Americas Energy Marketing, LP BP Energy Co. Allegheny Energy Supply Co., LLC American Electric Power Service Corporation, Intervenors v. Federal Energy Regulatory Commission, Respondent Nevada Power Company Sierra Pacific Power Company v. Federal Energy Regulatory Commission, Respondent Southern California Water Company, Enron Power Marketing Inc., Intervenor v. Federal Energy Regulatory Commission, Respondent Attorney General, State of Nevada, BP Energy Company Mirant Americas Energy Marketing, L.P., Intervenors v. Federal Energy Regulatory Commission
Cited By: 2 cases
Status: Published