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NEW ENGLAND POWER v. FEDERAL ENERGY REG. COM'N

No. 75-1945.

571 F.2d 1213 (1977)

NEW ENGLAND POWER COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Central Maine Power Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided December 21, 1977.

Attorney(s) appearing for the Case

George F. Bruder, Washington, D. C., for petitioner.

Philip R. Telleen, Atty., Federal Power Commission, Washington, D. C., with whom Drexel D. Journey, Gen. Counsel, Robert W. Perdue, Deputy Gen. Counsel and Allan Abbot Tuttle, Sol., Federal Power Commission, Washington, D. C., were on the brief, for respondent.

Ronald D. Jones and Philip Palmer McGuigan, New York City, were on the brief, for the intervenor.

Before BAZELON, Chief Judge, and LEVENTHAL and MacKINNON, Circuit Judges.

Opinion for the Court filed by LEVENTHAL, Circuit Judge.

Dissenting opinion filed by MacKINNON, Circuit Judge.

LEVENTHAL, Circuit Judge:

This case arises out of a dispute among the New England utilities which built and own the Maine Yankee nuclear power plant over the allocation of transmission costs among them. Unable to agree on the financial arrangements, Central Maine Power Co. (Central Maine) unilaterally filed with the Federal Power Commission...

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