In a petition for review of a FERC ratemaking order requiring electricity wholesalers to make refunds to customers, the petition is denied, where Petitioners provided no basis for disturbing FERC's reasoned decision to apply a point of sale test rather than a sink-based test to Petitioners' market-based tariffs.
Argued March 26, 2009. Decided June 12, 2009.
Before: HENDERSON, TATEL and KAVANAUGH, Circuit Judges.
Opinion for the Court filed by Circuit Judge KAVANAUGH.
Kathrine L. Henry, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were Cynthia A. Marlette, General Counsel, and Robert H. Solomon, Solicitor.