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FLORIDA POWER & LIGHT CO. v. F. E. R. C.

No. 80-5259.

660 F.2d 668 (1981)

FLORIDA POWER & LIGHT COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, Fifth Circuit. Unit B.

November 6, 1981.

Attorney(s) appearing for the Case

Robert T. Hall, III, Richard M. Merriman, Floyd L. Norton, IV, Washington, D.C., for Florida Power & Light Co.

Jane Murphy, Washington, D.C., for Federal Energy Regulatory Commission.

Spiegel & McDiarmid, Robert A. Jablon, Washington, D.C., for intervenors "Florida Cities" (Gainesville, Homestead, Key West, Kissimmee, St. Cloud, Starke, et al.)

Before HENDERSON, ANDERSON and SAM D. JOHNSON, Circuit Judges.

R. LANIER ANDERSON, III, Circuit Judge:

The question petitioner Florida Power & Light Company ("FP&L") asks us to answer is whether the Federal Energy Regulatory Commission ("Commission") has the authority to compel FP&L to file a tariff including an FP&L policy relating to the availability of electric transmission service. FP&L's position is that filing such a tariff in effect would require FP&L to offer electric transmission service to all...

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