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N. Y. STATE ELEC. & GAS CORP. v. FED. ENERGY REG.

No. 714, Docket 79-4185.

638 F.2d 388 (1980)

NEW YORK STATE ELECTRIC & GAS CORPORATION, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Village of Penn Yan, New York, Municipal Electric Utilities Association of New York State, Intervenors.

United States Court of Appeals, Second Circuit.

Decided September 30, 1980.

Attorney(s) appearing for the Case

Frederic H. Lawrence, New York City (Kenneth M. Jasinski, Huber, Magill, Lawrence & Farrell, New York City, on the brief), for petitioner.

Jane C. Murphy, Washington, D. C. (Robert R. Nordhaus, Gen. Counsel, Jerome Nelson, Sol., Federal Energy Regulatory Commission, Washington, D. C., on the brief), for respondent.

J. Cathy Lichtenberg, Washington, D. C. (Frederick D. Palmer, Duncan, Weinberg, Palmer & Miller, P. C., Washington, D. C., on the brief), for intervenors.

Before VAN GRAAFEILAND and KEARSE, Circuit Judges, and GOETTEL, District Judge.

KEARSE, Circuit Judge:

This is a petition by New York State Electric & Gas Corporation ("NYSEG") for review of orders of the Federal Energy Regulatory Commission (the "Commission"), invalidating certain provisions in contracts entered into by NYSEG with, respectively, the Power Authority of the State of New York ("PASNY") and the Village of Penn Yan, New York ("Penn Yan" or the "Village") on the grounds that the provisions violated federal antitrust policy. NYSEG...

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