Of course, after the nice opening sentence we have to read this:
As a result, the Federal Energy Regulatory Commission must now decide when affiliates of Canadian utilities -- utilities not subject to FERC jurisdiction -- may sell power at market-based rates in the United States.
Jeez, D.C. Circuit Court cases are dull -- all that federal regulatory dreariness. Everyone keeps jabbering It's the second highest court in the land after the U.S. Supreme Court. What they fail to say is that it's the first most boring court in the land. What good fortune to be nominated to the Supreme Court, but what double good fortune to escape from the D.C. Circuit. All you Fifth Circuit judges who didn't get picked: at least you have an interesting case load where you are.
(The quoted case is boringly called Consumers Energy Company v. Federal Energy Commission, 367 F.3d 915 (2004).)