NEPCO MUN. RATE COM. v. FEDERAL ENERGY REG. COM'N

Nos. 80-1343, 80-1363, 80-1364, 80-1745 and 81-1283.

668 F.2d 1327 (1981)

NEPCO MUNICIPAL RATE COMMITTEE and the Electric Departments and Plants of Ashburnham, et al., Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, New England Power Company, Dennis J. Roberts, II, Attorney General of Rhode Island, Intervenors. NEW ENGLAND POWER COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Dennis J. Roberts, II, Attorney General of Rhode Island, et al., NEPCO Municipal Rate Committee, et al., Intervenors. NEW ENGLAND POWER COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, NEPCO Municipal Rate Committee, et al., Massachusetts Department of Public Utilities, et al., Fitchburg Gas and Electric Light Co., Intervenors. NEW ENGLAND POWER COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, NEPCO Municipal Rate Committee, et al., Intervenors. NEW ENGLAND POWER COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Dennis J. Roberts, II, Attorney General of Rhode Island, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided October 15, 1981.


Attorney(s) appearing for the Case

Thomas N. McHugh, Jr., Washington, D. C., with whom Robert C. McDiarmid, Robert Harley Bear, and Gary J. Newell, Washington, D. C., were on the brief, for NEPCO Municipal Rate Committee, et al., petitioners in No. 80-1343 and intervenors in Nos. 80-1363, 80-1364 and 80-1745.

John Michael Adragna, Washington, D. C., also entered an appearance for NEPCO Municipal Rate Committee, et al.

Leonard W. Belter, Washington, D. C., with whom William A. Kehoe, III and Cheryl Lynn Williams, Washington, D. C., were on the brief, for New England Power Co., petitioner in Nos. 80-1363, 80-1364 and 80-1745.

Edward Berlin, Washington, D. C., entered an appearance for New England Power Co., petitioner in 81-1283.

F. Joseph Gentili was on the brief for Massachusetts Department of Public Utilities, et al., intervenors in Nos. 80-1343, 80-1363, 80-1364 and 81-1283.

Stephen R. Melton, Atty., Federal Energy Regulatory Commission, Washington, D. C., with whom Robert R. Nordhaus, Gen. Counsel, and Jerome Nelson, Sol., Federal Energy Regulatory Commission, Washington, D. C., were on the brief, for respondent.

Barbara J. Weller and John A. Cameron, Jr., Attys., Federal Energy Regulatory Commission, Washington, D. C., also entered appearances for respondent.

Harry H. Voigt, Washington, D. C., entered an appearance for Fitchburg Gas and Electric Light Co., intervenor in No. 80-1364.

Before TAMM and WALD, Circuit Judges, and HOWARD T. MARKEY, Chief Judge of the United States Court of Customs and Patent Appeals.


Opinion for the court filed by Chief Judge MARKEY.

MARKEY, Chief Judge:

The proceedings consolidated here for review were initiated by three separate rate increase filings of New England Power Company (NEP), an investor owned electric utility, under section 205 of the Federal Power Act. In each instance, the Federal Energy Regulatory Commission (FERC) suspended the rate filing and ordered an investigation. NEPCO...

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