WESTERN AREA POWER v. F. E. R. C., 04-1090 (D.C. Cir. 5-15-2007)
Western Area Power Administration, Petitioner v. Federal EnergyRegulatory Commission, Respondent, Southern California Edison Company, etal., Intervenors.
No. 04-1090.United States Court of Appeals, District of Columbia Circuit.
Filed On: May 15, 2007.
[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]
Consolidated with 04-1092, 04-1095, 06-1362, 06-1370, 06-1371.
BEFORE: Randolph, Garland, and Griffith, Circuit Judges.
Per Curiam
ORDER
Upon consideration of the motion to govern future proceedings, it is
ORDERED that the following briefing schedule and format apply in this case:
Joint brief for EC Petitioners August 6, 2007
(not to exceed 14,000 words)
Joint brief for Cogenerator Petitioners August 6, 2007
(not to exceed 8,000 words)
Brief for Respondent October 9, 2007
(not to exceed 22,000 words)
Joint brief for Intervenors Supporting October 23, 2007
Respondent
(not to exceed 8,750 words)
Joint reply brief for EC Petitioners November 21, 2007
(not to exceed 7,000 words)
Page 2
Joint reply brief for Cogenerator Petitioners November 21, 2007
(not to exceed 4,000 words)
Deferred Appendix January 4, 2008
Final Briefs January 18, 2008
The parties are strongly encouraged to hand deliver their briefs to the Clerk's office on the date due. Filing by mail may delay the processing of the brief. Additionally, counsel are reminded that if filing by mail, they must use a class of mail that is at least as expeditious as first-class mail. See
Fed.R.App.P. 25(a). The parties will be notified by separate order of the oral argument date and composition of the merits panel.
The court reminds the parties that
a petitioner whose standing is not self-evident should establish its standing by the submission of its arguments and any affidavits or other evidence appurtenant thereto at the first appropriate point in the review proceeding. In some cases that will be in response to a motion to dismiss for want of standing; in cases in which no such motion has been made, it will be with the petitioner's opening brief—and not ... in reply to the brief of the respondent agency. In either procedural context the petitioner may carry its burden of production by citing any record evidence relevant to its claim of standing and, if necessary, appending to its filing additional affidavits or other evidence sufficient to support its claim. In its opening brief, the petitioner should also include in the "Jurisdictional Statement" a concise recitation of the basis upon which it claims standing.
Sierra Club v. EPA, 292 F.3d 895, 900-01 (D.C. Cir. 2002). See also D.C. Cir. Rule 28(a)(7).Page 1