CONSOLIDATED EDISON v. FED. ENERGY, 07-1377 (D.C. Cir. 11-9-2007)

Consolidated Edison Company of New York, Inc., Petitioner v. Federal Energy Regulatory Commission, Respondent. Consolidated Edison Company of New York, Inc., Petitioner v. Federal Energy Regulatory Commission, Respondent Public Service Electric Gas Company, et al., Intervenors. Public Service Electric Gas Company, Petitioner v. Federal Energy Regulatory Commission, Respondent.

Nos. 07-1377, 07-1220, 07-1210.United States Court of Appeals, District of Columbia Circuit.
Filed On: November 9, 2007.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

BEFORE: Sentelle, Randolph, and Brown, Circuit Judges.

Per Curiam.

ORDER
Upon consideration of the motion to hold in abeyance, and the response thereto; the motion to dismiss; this court’s order to show cause filed August 27, 2007, and the response thereto, it is.

ORDERED that the order to show cause be discharged. It is.

FURTHER ORDERED that the motion to dismiss be granted. Petitioner’s request for agency rehearing, pending when this petition for review was filed, renders this petition incurably premature. See Clifton Power Corp. v.FERC, 294 F.3d 108, 110-11 (D.C. Cir. 2002); BellsouthCorp. v. FCC, 17 F.3d 1487, 1489-90 (D.C. Cir. 1994) (“[O]nce a party petitions the agency for reconsideration of an order or any part thereof, the entire order is rendered non-final as to that party.”). Now that respondent has issued its final decision and petitioner has filed a petition for review from the final agency action in No. 07-1377, petitioner can address the issues in the final order as well as those in the prior orders.See Tennessee Gas Pipeline Co. v. FERC, 9 F.3d 980, 981 (D.C. Cir. 1993) (per curiam). It is.

FURTHER ORDERED that the motion to hold in abeyance be dismissed as moot.

Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or petition for rehearing en banc.See Fed.R.App.P. 41(b); D.C. Cir. Rule 41.

ORDER
Upon consideration of Consolidated Edison Company’s unopposed motion to consolidate the above-captioned cases; the motion to hold No. 07-1377 in abeyance, and the response thereto; and the court’s order entered this date dismissing No. 07-1220, it is.

ORDERED that the motion to consolidate be granted with respect to Nos. 07-1210

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and 07-1377. It is.

FURTHER ORDERED that the motion to consolidate be dismissed as moot with respect to No. 07-1220. It is.

FURTHER ORDERED that the motion to hold in abeyance No. 07-1377 be granted, and that the consolidated cases remain held in abeyance pursuant to the court’s order filed August 8, 2007.

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