BOSTON EDISON CO. v. FED. ENERGY REG. COM'N

Nos. 79-1179, 79-1287.

611 F.2d 8 (1979)

BOSTON EDISON COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Towns of Norwood et al., Intervenors.

United States Court of Appeals, First Circuit.

Decided December 21, 1979.


Attorney(s) appearing for the Case

George F. Bruder, Washington, D.C., with whom Victor H. Kazanjian, and Bruder & Gentile, Washington, D.C., were on brief, for petitioner.

Lynn N. Hargis, Asst. Gen. Counsel, Washington, D.C., with whom Robert R. Nordhaus, Gen. Counsel, and Howard E. Shapiro, Sol., Washington, D.C., were on brief, for respondent.

Robert C. McDiarmid, Washington, D.C., with whom Spiegel & McDiarmid, Washington, D.C., was on brief, for intervenor, Municipal Light Board of Reading.

Charles F. Wheatley, Jr., Washington, D.C., with whom Robert A. O'Neil, and Wheatley & Wollesen, Washington, D.C., were on brief, for intervenors, Towns of Norwood, Concord and Wellesley.

Before CAMPBELL, Circuit Judge, WYZANSKI, Senior District Judge, and CLARKE, District Judge.


LEVIN H. CAMPBELL, Circuit Judge.

Boston Edison appeals from the Federal Energy Regulatory Commission's orders striking down Edison's temporary fuel adjustment surcharge. The surcharge was designed to recover approximately $2 million in fuel expenses which Edison incurred in generating power for certain of its wholesale customers, intervenors herein, during January and February 1976. These expenses were left unrecovered allegedly as a result of Edison's conversion...

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