It is also serving in violation of the Federal Power Act, which gives FERC sole authority over ISOs, the agency argues.
I will say it again. FERC has litigated the issue of its authority over transmission lines over and over and over again and has always won hands down. When Davis and the ISO tossed down the gauntlet, they effectively tossed the FERC staff, that was probably pretty fed up with California, a "side of beef" for them to feast on.
Yes, the thing was pre-determined. The staff of FERC could not resist slam dunking this one in California's face. It will be interesting to watch. It will also be interesting to see what the judge does, as he will be tempted to try to offer something to California in his decision, but the previous cases have offered opponents of FERC very little.
Earth to Gov Davis........Dumb Move Bozo!
I'll be interested to see which Judge is assigned this case. I'm not sure it will make much difference, though. 100% of the case law is against Davis here, and if he wins, by some miracle, in the lower court, he'll lose from there on.