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Pacific Gas & Elec. Co. v. Federal Energy Regulatory Comm'n

ELR Citation: 36 ELR 20193
Nos. No. 04-70635, (9th Cir., 09/18/2006)

The court dismisses petitions for review of two Federal Energy Regulatory Commission (FERC) orders concerning the calculation of settlement statements relating to the California energy crisis. The California Independent System Operator (Cal-ISO) sought review of a FERC order in which it declined Cal-ISO's request to re-run certain settlement statements to correct instances of "double selling." But the court lacks subject matter jurisdiction over this petition because it implicates FERC's prosecutorial discretion. And the court dismisses an electric company's petition for review because it is an impermissible collateral attack on a prior FERC order.