The VILLAGE OF WINNETKA, ILLINOIS, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION,
City of Rochelle, Illinois, Commonwealth Edison Company, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued April 19, 1982.
Decided May 18, 1982.
As Amended May 18, 1982.
Attorney(s) appearing for the Case
Marvin S. Lieberman, Washington, D. C., with whom Charles J. Simpson, Jr., Washington, D. C., was on the brief, for petitioner.
Robert F. Shapiro, Atty., Washington, D. C., with whom Charles A. Moore, Gen. Counsel, and Jerome M. Feit, Sol., and Auburn L. Mitchell, Atty., Federal Energy Regulatory Commission, Washington, D. C., were on the brief, for respondent.
Clark Evans Downs, Washington, D. C., with whom Frederick C. Williams, Washington, D. C., was on the brief, for intervenor Commonwealth Edison Company.
Charles F. Wheatley, Jr., Washington, D. C., and Woodrow D. Wollesen, Washington, D. C., were on the brief, for intervenor City of Rochelle, Illinois.
Before TAMM and GINSBURG, Circuit Judges, and EDMUND L. PALMIERI, Senior United States District Judge for the Southern District of New York.
United States Court of Appeals, District of Columbia Circuit.
Opinion PER CURIAM.
PER CURIAM:
I.
The Village of Winnetka, a North Shore suburb of Chicago, operates its own electric utility. From 1972 until June 6, 1979, it purchased large quantities of economy energy1 from Commonwealth Edison (Comm Ed), the major electric utility serving the Chicago metropolitan area. Winnetka made these purchases because it found them less costly than producing equivalent amounts of energy in its...
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