Pacific Gas & Electric Co. v. Federal Energy Regulatory Commission

MEMORANDUM *

Pacific Gas & Electric Company (“PG&E”) and the Southern California Edison Company (“Edison”) (together, “Petitioners”) petition for review from a decision of the Federal Energy Regulatory Commission (“FERC” or “Commission”) denying rehearing of its order which accepted for filing an executed Interconnection Agreement (“LA”) between PG&E and Fresno Irrigation District as well as a similar agreement between Edison and Laguna Irrigation District. FERC required PG&E and Edison to provide a series of “wholesale” electrical interconnections to Laguna and to Fresno so that Laguna and Fresno could take advantage of a California retail access program and enhance competition in the market of electricity.

We have jurisdiction pursuant to Section 813(b) of the Federal Power Act (“FPA”), 16 U.S.C. § 8251(b) and we affirm. Because the parties are familiar with the procedural and factual history of this case, we do not recount it here except as necessary to explain our decision.

As this case concerns the Commission’s interpretation of the FPA, we will follow the framework enunciated in Chevron v. Natural Resources Defense Council, 467 U.S. 837 , 104 S.Ct. 2778 , 81 L.Ed.2d 694…