Appeals court strikes down energy refunds sought by California

[Newsjock]

http://sfgate.com/cgi-bin/article.cgi?f=/n/a/2005/09/06/state/n172312D76.DTL

Sacramento, Calif. (AP) -- Government-run utilities that overcharged California during the state's energy crisis will not have to pay refunds the state estimates at nearly $1 billion, a federal appeals court ruled Tuesday.

The ruling is a blow to California, which is seeking up to $9 billion in refunds from utilities it accused of overcharging for power.

"This ruling does not mean that these entities did not rip us off," said Tom Dresslar, spokesman for Attorney General Bill Lockyer. "What it means is they can escape accountability for their actions."

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[Gelliebeans]

1. god damn it! n/t

[Tesha]

18. It's those pesky "activist judges" again! (NT)

[Ready4Change]

2. Henhouse to fox: The door is open wide, cmon in.

Admitting they've done wrong, but refusing to penalize them, is just an invitation to get ripped off again.

Citizens of California, your representatives and courts have failed you again.

[IndyJones]

14. This shocks anyone? CA is always being screwed.

[proud patriot]

3. THIS PISSES ME OFF

Yes I'm a Californian rate payer that was ripped off .

[shance]

4. Take this to California Supreme Court?

n/t

[Sgent]

5. Can't

They are already in federal court, so apparently its a federal issue.

It could go to SCOTUS, but not likely help there.

[existentialist]

17. They could also

ask for a rehearing en bank.

[Canuckistanian]

6. FERC has no authority over the "state-run" utilities??????

WTF does that mean? Who does have authority or are they completely unaccountable wild west types of organizations?

Are they not corporations? With the same legal status as a person?

Can they not simply be sued in a civil court?????

Please, someone explain this one to me.

[TaleWgnDg]

8. Uuummmm, here's the written 9th Circuit Ct of Appeals wording:

.
Uuummmm, here's the written 9th Circuit Ct of Appeals wording:

"We conclude that FERC does not have refund authority over wholesale electric energy sales made by governmental entities and non-public utilities. Our resolution of this question flows from a straightforward analysis of the statute, the Federal Power Act (“FPA”). The text is clear and unambiguous. In coming to this conclusion, we are not unmindful of the impact our decision may have on the overall refunds claimed by California ratepayers. But it is not our task to second guess Congress’s judgment as to the breadth of FERC’s refund 12271 BONNEVILLE POWER v. FERC authority. Our role is a limited one—interpreting the statute as Congress wrote it."

http://caselaw.lp.findlaw.com/data2/circs/9th/0270262p.pdf (pdf format, Adobe Reader required)

Quite simply, this federal appeals court is saying that the U.S. Congress as it wrote the federal law which created the Federal Energy Regulatory Commission (FERC) did not grant authority to FERC to "refund . . . wholesale electric energy sales made by governmental entities and non-public utilities." In other words, the court could do nothing because congress failed to grant authority to FERC to do what the parties requested the court to order in their favor. This decision may be appealed to the U.S. Supreme Court by the losing party.


_____________________________

edited to add: Hhhhhmmmmm, waitaminute, apparently this decision is of a "3-judge panel" (authored by Judge M. Margaret McKeown) and not the full court of the 9th Circuit Court of Appeals. Therefore, the appeal process could be (1.) a request of the losing party to be heard before the full bench of the 9th Circuit Court of Appeals, or (2.) a request to the U.S. Supreme Court to be reviewed.
.

[Canuckistanian]

10. Thanks for the info

I see the court has been hog-tied by a breathtakingly short-sighted piece of legislation.
I wonder who the sponsors of this bill are and who exactly voted for it.

[TaleWgnDg]

12. Welcome; however, I've not a clue as to who and what about

this piece of legislation. Sorry.

[Webster Green]

7. Those bastards!

I'm really close to blowing a gasket!

Must channel anger into activism......


Demand resignations! Now!

[TaleWgnDg]

9. Huh? Who is or who are "bastard(s)?" . . .

Did you read the court's opinion? Sheesh.

[NYC]

11. The thieves get to keep the loot?

How does anyone justify that?

P.S. Was the law deliberately written this way, that FERC does not have the authority to refund?

[TaleWgnDg]

13. One never knows the who and what of laws . . . unless it's in

the legislative record. And even then it's typically not clear in many instances. Here, the 3-judge panel of the 9th Circuit Court of Appeals opted not to "legislate from the bench" because they stated congress didn't give FERC authority to do what was requested of the parties. However, this decision may be appealed to determine if the court made an error of law. That is, did this 3-judge panel not interpret the federal law correctly? That's what would be asked on appeal to either the full bench of the 9th Circuit or directly to the SCOTUS (who has total discretion to review it or not).

Uuummmm, I usually charge by the hour. Shall I send you a bill? (joking) . . . heh.

.

[NYC]

15. If I pay the bill, will you share the money with the people of California?

They need it. :hi:

[Barkley]

16. Instead of wasting money on a 'special election' Arnold need to go after

these energy companies that ripped California off.

[confludemocrat]

19. Right wing judges born of reagan/bush/bush. See what you get?

So anyone who EVER wants to concede a judgeship to hard right, as we see often, without a nasty fight can go fuck themselves.

[xchrom]

20. bastards!

this is outfuckingrageous!

son of a bitch republicans!