REPORT OF THE JUDICIAL REVIEW COMMITTEE

Several court decisions on cases involving the Federal Energy Regulation Commission's orders are presented. In Pacific Gas & Electric Co. v. FERC, the court dismissed two petitions for review in cases arising out of the California electricity crisis on the basis that it lacked subject matter jurisdiction over both. Virginia Electric & Power Co sought the FERC's approval to recognize Regulated Transmission Organization (RTO) start-up costs as a regulatory asset and to defer recovery of those costs until after a state-imposed retail rate cap expired. In Allegheny Power v. FERC, Petitioner Allegheny Power sought review of a Commission order relating to its rates for subtransmission service. The dispute arose after Allegheny's bundled partial requirements service contract with Allegheny Electric Cooperative expired in 2001. In Maine Public Utilities Commission v. FERC, the court heard arguments from both transmission owning utilities and state regulatory commissions in the New England region concerning FERC's conditional approval of RTO New England.