Court: FERC overreached in trying to replace California energy board
By Erica Werner Associated Press Writer
Published: Jun 22, 2004
WASHINGTON (AP) - A federal appeals court, siding with former Gov. Gray Davis in a political fight, strongly rebuked federal energy regulators for their attempt to replace the board that manages California's electricity grid.
The move by the Federal Energy Regulatory Commission in 2002 was an "unprecedented invasion of internal corporate governance," the U.S. Court of Appeals for the District of Columbia Circuit ruled Tuesday.
The decision overturns FERC's order that the California Independent System Operator disband and create a new governing structure. FERC contended the ISO was not independent because California's governor appointed all its members.
The move infuriated Davis, a Democrat who was governor at the time, and his appointees on the ISO never complied with the order, voting instead to ignore it.
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http://www.signonsandiego.com/news/state/20040622-1015-californiapower.html