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BOSTON EDISON CO. v. F.E.R.C.

Nos. 88-1755, 88-2120.

885 F.2d 962 (1989)

BOSTON EDISON COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Towns of Concord, Norwood and Wellesley, Massachusetts, Intervenors. TOWNS OF CONCORD AND WELLESLEY, MASSACHUSETTS, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Boston Edison Company, Intervenor.

United States Court of Appeals, First Circuit.

Decided September 14, 1989.

Attorney(s) appearing for the Case

James H. McGrew, with whom Carmen L. Gentile, Thomas L. Blackburn, Bruder, Gentile & Marcoux, Washington, D.C., and Wayne R. Frigard, Boston, Mass., were on briefs, for Boston Edison Co.

Charles F. Wheatley, Jr., with whom Peter A. Goldsmith, Timothy P. Ingram and Wheatley & Ranquist were on briefs, for Towns of Concord, Norwood and Wellesley, Mass.

Robert H. Solomon and Andre Goodson, Washington, D.C., with whom Catherine C. Cook, Gen. Counsel, and Joseph S. Davies, Deputy Sol., were on brief, for F.E.R.C.

Before CAMPBELL, Chief Judge, BOWNES and BREYER, Circuit Judges.

BREYER, Circuit Judge.

Boston Edison Company, a firm that generates and sells electricity, and two towns (Concord and Wellesley, Massachusetts) that buy electricity from Boston Edison, ask us to review two orders of the Federal Energy Regulatory Commission that, in relevant respects, set electricity rates from the end of 1984 through the present. FERC Opinion No. 299, March 25, 1988, 42 FERC ¶ 61,374 (affirming and modifying opinion of the Administrative Law...

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