California Public Utilities Commission v. Federal Energy Regulatory Commission

Good Law

854 F.3d 1136·2017 WL 1419077

United States Court of Appeals for the Ninth CircuitApril 21, 2017No. 01-71934, No. 01-71944, No. 02-70219, No. 02-71426, No. 02-72136, No. 02-72488, No. 02-72548, No. 02-72585, No. 03-74471, No. 03-74647, No. 03-74729, No. 04-70564, No. 04-72162, No. 04-72169, No. 04-72210, No. 04-72539, No. 04-72756, No. 04-73242, No. 04-73259, No. 04-73405, No. 04-73491, No. 04-74984, No. 04-75496, No. 04-75503, No. 04-75609, No. 04-75720, No. 04-75838, No. 04-75840, No. 04-76095, No. 05-71761, No. 05-72614, No. 05-72678, No. 05-72954, No. 06-71320, No. 06-71642, No. 06-72006, No. 06-72195, No. 08-74306, No. 08-74834, No. 09-71953, No. 09-71961, No. 10-71708, No. 11-71542, No. 12-70406, No. 12-70407, No. 12-71034California1,715 words

Opinion

Lead Opinion

Thomas, J.

This petition for review returns to us as part of a long series of administrative cases arising out of the California energy crisis in 2000 and 2001, the background of which we have described in detail in earlier opinions. 1 This petition requires us to determine whether the Federal Energy Regulatory Commission (“FERC” or “Commission”) acted arbitrarily or capriciously in calculating certain refunds.

We review FERC decisions to determine whether they are “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” Pac. Gas & Elec. Co. v. FERC, 373 F.3d 1315, 1319 (D.C. Cir. 2004) (citing 5 U.S.C. § 706 (2)(A); Sithe/Indep. Power Partners v. FERC, 165 F.3d 944, 948 (D.C. Cir. 1999)). “FERC must be able to demonstrate that it has made a reasoned decision based upon substantial evidence in the record.” Id. (quoting N. States Power Co. v. FERC, 30 F.3d 177 , 180 (D.C. Cir. 1994)). The Court also must ensure that FERC “artieulate[s] a satisfactory explanation for its action including a rational connection between the facts found and the choice made.” Id. (alteration in original) (quoting Motor Vehicle Mfrs. Ass’n of the U.S., Inc. v. State Farm…

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