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Public Utility District No. 1 v. Federal Energy Regulatory Commission

Citations: 547 F.3d 1081; 2008 U.S. App. LEXIS 23290Docket: Nos. 03-72511, 03-74208, 03-74617, 03-74757, 04-70712

Court: Court of Appeals for the Ninth Circuit; November 2, 2008; Federal Appellate Court

Narrative Opinion Summary

The prior opinion is vacated and the case is remanded to the Federal Energy Regulatory Commission (FERC) for further proceedings, in accordance with the Supreme Court ruling in Morgan Stanley Capital Group Inc. v. 1082-1090 Public Utility District No. 1 of Snohomish County. The mandate is to be issued immediately.

Legal Issues Addressed

Immediate Issuance of Mandate

Application: The court ordered the mandate to issue without delay.

Reasoning: The mandate is to be issued immediately.

Remand for Further Proceedings

Application: The case was remanded to the relevant administrative agency for proceedings consistent with the Supreme Court's decision.

Reasoning: The prior opinion is vacated and the case is remanded to the Federal Energy Regulatory Commission (FERC) for further proceedings, in accordance with the Supreme Court ruling in Morgan Stanley Capital Group Inc. v. 1082-1090 Public Utility District No. 1 of Snohomish County.

Vacatur of Prior Opinion

Application: The court vacated its previous opinion in light of a Supreme Court decision.

Reasoning: The prior opinion is vacated and the case is remanded to the Federal Energy Regulatory Commission (FERC) for further proceedings, in accordance with the Supreme Court ruling in Morgan Stanley Capital Group Inc. v. 1082-1090 Public Utility District No. 1 of Snohomish County.