Ferc

Petitioners, the people of the state of California through their Attorney General Kamala D. Harris, the California Public Utilities Commission, Pacific Gas & Electric Company, and Southern California Edison (“the California Parties”), seek review of a series of orders issued by the Federal Energy Regulatory Commission (“FERC” or “the Commission”) on remand following our decision in California ex rel. Lockyer v. FERC (“Lockyer”), 383 F.3d 1006 (9th Cir.2004). There, we held that FERC may authorize market-based energy tariffs, so long as that regulatory framework incorporates both an ex ante market power aiialysis and enforceable post-approval transaction reporting. Id. at 1014 . We remanded the case because FERC had not appropriately implemented the market-based tariff. Id. at 1015 .

In this case, the California Parties petition for review of FERC’s actions after our remand, claiming that FERC failed to follow Lockyer and violated the Federal Power Act (“FPA”) by requiring proof of excessive market share as a necessary condition for relief for transaction reporb ing violations.

We conclude that FERC structured the remand proceedings in a manner contrary to the terms of…