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Enron Mail |
What record will FERC file today??? This is crazy. Ray please call me whe=
n you get in. Jim -----Original Message----- From: =09Frank, Robert =20 Sent:=09Thursday, October 25, 2001 5:38 PM To:=09Alvarez, Ray; Steffes, James D.; Robertson, Linda; Novosel, Sarah Subject:=09RE: Weird procedural situation Ray - it seems highly likely the court will allow FERC to proceed w/ rehear= ing. In any case, I doubt an adverse ruling would affect the PNW case as t= he 7/25 order simply announced the new proceeding. =20 -----Original Message----- From: =09Alvarez, Ray =20 Sent:=09Thursday, October 25, 2001 5:25 PM To:=09Steffes, James D.; Robertson, Linda; Frank, Robert; Novosel, Sarah Subject:=09Weird procedural situation OK, here are the facts as I understand them: The CPUC filed petitions for = review of the FERC's various refund orders in the Ninth Circuit Court of Ap= peals. There is an unresolved jurisdictional issue that the petitions filed= in the Ninth Circuit are incurably premature because they sought review of= orders for which the petitioner was also requesting rehearing. The curren= t status of the CPUC's Ninth Circuit petitions is that the court has not ye= t dismissed the petitions as premature and FERC must file the record in the= Ninth tomorrow, October 26. At that point, under Section 313 of the Feder= al Power Act, the jurisdiction of the court of appeals becomes exclusive, a= nd FERC will not be able to modify the orders under review except by leave= of the court. FERC has filed, and the CPUC is supporting, a motion for an= order permitting FERC to keep jurisdiction over its orders so that it can = act on the pending rehearing requests. By all rights, the court should go = along with this, but it's gone on this long. We are not adversely impacted= . Arguably if FERC loses jurisdiction, the PNW and CA refund cases should = come to a complete stop, although this is an unlikely scenario. I will kee= p you posted of new developments. Ray
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