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PUBLIC SERV. CO. OF N. M. v. FEDERAL ENERGY REGULATORY COMMISSION

Nos. 78-2007, 79-1275 and 79-1276.

628 F.2d 1267 (1980)

PUBLIC SERVICE COMPANY OF NEW MEXICO, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. CITY OF GALLUP, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Public Service Company of New Mexico, Intervenor.

United States Court of Appeals, Tenth Circuit.

Decided August 11, 1980.

Attorney(s) appearing for the Case

Paul H. Keck of Morgan, Lewis & Bockius, Washington, D. C. (Michael F. Healy of Morgan, Lewis & Bockius, Washington, D. C., William B. Keleher and Richard B. Cole of Keleher & McLeod, Albuquerque, N. M., with him on brief), for petitioner-intervenor Public Service Company of New Mexico.

Charles F. Wheatley, Jr. of Wheatley & Wollesen, Washington, D. C. (Woodrow D. Wollesen and Robert A. O'Neil, Washington, D. C., with him on brief), for petitioner City of Gallup.

George H. Williams, Jr., Atty., Federal Energy Regulatory Commission, Washington, D. C. (Robert R. Nordhaus, Gen. Counsel and Jerome Nelson, Sol., Washington, D. C., with him, on brief), for respondent.

Before SETH, Chief Judge, and McKAY and LOGAN, Circuit Judges.

SETH, Chief Judge.

These three cases were consolidated for hearing as each seeks review of orders of the Federal Energy Regulatory Commission. The particulars of each petition will be described in the following sections.

Case 78-2007

The Public Service Company of New Mexico seeks to review orders of the Federal Energy Regulatory Commission entered in Docket No. E-9454 insofar as they required Public Service Company of New Mexico to file the...

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