101 Cal. App. 4th 384, 124 Cal. Rptr. 2d 281 (2002), 2002 Cal. App. LEXIS 4520

The Court of Appeal (Second District, Division 7) affirmed the portion of a Commission order fixing the line loss factor to be applied to the determination of utility avoided costs. The Court, however, reversed that portion of the order that fixed a floor for line losses. The Court concluded that the determination of a floor was preempted by FERC regulations. The former holding seems predicated on an application of the “abuse of discretion” standard (Section 1757.1(a)(1)) while the Caithness petition seemed more grounded in a claim that the Commission had exceeded its jurisdiction and had not proceeded in the manner required by law (Section 1757.1(a)(2)-(3)).