ELR Citation: ELR 20186
No(s). s. 01-71051 et al (9th Cir. Aug 31, 2006)

The court grants in part and denies in part numerous petitions for review of a series of Federal Energy Regulatory Commission (FERC) orders relating to refunds stemming from the California energy crisis in 2000 and 2001. All of the transactions at issue that occurred within the California Power Exchange Corporation (CalPX) or California Independent System Operator (Cal-ISO) markets, or as a result of a CalPX or Cal-ISO transaction, are the proper subject of the FERC refund proceedings. In addition, FERC properly excludes from the refund proceedings certain bilateral transactions that occurred outside the CalPX and Cal-ISO markets. But while FERC properly established the refund effective date for the Federal Powers Act §206 proceedings, it erred in excluding §309 relief for certain tariff violations. In sum, the court preserves the scope of the existing FERC refund proceedings but expands those refund proceedings to include: (1) tariff violations that occurred prior to October 2, 2000; (2) transactions in the CalPX and Cal-ISO markets that occurred outside the 24-hour period specified by FERC; and (3) energy exchange transactions in the CalPX and Cal-ISO markets. All other issues raised in the various petitions for review are reserved for the next phase of the appellate proceedings.