Pacificorp

*786 MEMORANDUM *

PacifiCorp, a public utility, 1 petitions for review of a decision of the Federal Energy Regulatory Commission (FERC) regarding rates in forward market contracts for the wholesale purchase of electricity. 2 We dismiss the petition.

Among other things, FERC determined that even if PacifiCorp had met its other burdens, FERC would not, in the exercise of its enforcement discretion, take the requested remedial action. See PacifiCorp, 105 F.E.R.C. ¶ 61,184, at 61,968, 61,978-79, 2003 WL 22628176 (2003). Both PacifiCorp’s failure to seek a rehearing of that determination, 3 and its failure to raise the issue in its opening brief 4 are fatal to the petition, regardless of any merit that the petition may otherwise have. 5 We, therefore, can give no effective relief. In short, we lack jurisdiction to decide the petition.

Petition DISMISSED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

. Public Utility District No. 1 of Snohomish County, Washington, intervened to support PacitiCoip's position. Because the District does not raise relevant points which are…