Public Utility Dist, et al v. FERC, No. 03-72511 (9th Cir. 2008)

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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT PUBLIC UTILITY DISTRICT NO. 1 OF SNOHOMISH COUNTY WASHINGTON, Petitioner, RELIANT ENERGY SERVICES INC., Intervenor, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. PUBLIC UTILITY DISTRICT NO. 1 OF SNOHOMISH COUNTY WASHINGTON, Petitioner, 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. 15015 ï£¼ ï£½ No. 03-72511 FERC No. EL02-26 et al. Northern District of California, San Francisco ï£¾ ï£¼ ï£½ ï£¾ No. 03-74208 FERC No. EL02-26, et al. District of Oregon, Portland 15016 PUBLIC UTILITY DISTRICT v. FERC NEVADA POWER COMPANY; SIERRA PACIFIC POWER COMPANY, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. SOUTHERN CALIFORNIA WATER COMPANY, Petitioner, ENRON POWER MARKETING INC., Intervenor, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. ï£¼ ï£½ ï£¾ No. 03-74617 FERC No. EL02-26-000 Northern District of California, San Francisco ï£¼ ï£½ ï£¾ No. 03-74757 FERC No. EL-02-28 Northern District of California, San Francisco PUBLIC UTILITY DISTRICT v. FERC ATTORNEY GENERAL, STATE OF NEVADA, Petitioner, BP ENERGY COMPANY; MIRANT AMERICAS ENERGY MARKETING, L.P., Intervenors, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. 15017 ï£¼ ï£½ No. 04-70712 FERC No. EL02-28-004 Northern District of California, San Francisco ORDER ï£¾ Filed November 3, 2008 Before: Harry Pregerson, and Marsha S. Berzon, and Richard R. Clifton, Circuit Judges. ORDER In light of the Supreme Court s ruling in Morgan Stanley Capital Group Inc. v. Public Utility District No. 1 of Snohomish County, 128 S. Ct. 2733 (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. PRINTED FOR ADMINISTRATIVE OFFICE U.S. COURTS BY THOMSON REUTERS/WEST SAN FRANCISCO The summary, which does not constitute a part of the opinion of the court, is copyrighted © 2008 Thomson Reuters/West.

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