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LIQUID CARBONIC INDUSTRIES CORP. v. F.E.R.C.

Nos. 93-1095 to 93-1097.

29 F.3d 697 (1994)

LIQUID CARBONIC INDUSTRIES CORPORATION, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Polk Power Partners, Limited Partnership, Lavair Cogeneration Limited Partnership, Intervenors. LIQUID CARBONIC INDUSTRIES CORPORATION, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Lavair Cogeneration Limited Partnership, Intervenor. LIQUID CARBONIC INDUSTRIES CORPORATION, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Lavair Cogeneration Limited Partnership, AES WR Limited Partnership, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided July 22, 1994.

Attorney(s) appearing for the Case

Kevin J. McIntyre, Washington, DC, argued the cause for petitioner Liquid Carbonic Industries Corporation. On brief were Floyd L. Norton, IV, and Bruce L. Richardson, Washington, DC.

Robert H. Solomon, Deputy Asst. Gen. Counsel, F.E.R.C., Washington, DC, argued the cause for respondent Federal Energy Regulatory Commission. On brief were Jerome M. Feit, Solicitor, and Thomas J. Lane, F.E.R.C., Washington, DC.

Robert F. Shapiro, Washington, DC, argued the cause for intervenors AES WR Ltd. Partnership and Polk Power Partners, Ltd. Partnership. On brief were Adam Wenner, Lynn N. Hargis and Richard C. Tufaro, Washington, DC.

Matthew W.S. Estes, Washington, DC, and Steven F. Greenwald, San Francisco, CA, entered appearances for intervenor Lavair Cogeneration Ltd. Partnership.

Before: SENTELLE and HENDERSON, Circuit Judges; LEVIN H. CAMPBELL, Senior Circuit Judge.

Opinion for the court filed by Circuit Judge HENDERSON.

KAREN LeCRAFT HENDERSON, Circuit Judge:

In this consolidated proceeding, Petitioner Liquid Carbonic Industries Corporation (Liquid Carbonic), a Delaware corporation in the business of producing and selling industrial gases, seeks review of three orders issued by the Federal Energy Regulatory Commission (FERC). In each order, FERC certified a proposed cogeneration...

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