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DELMARVA POWER & LIGHT v. FED. ENERGY REG. COM'N

Nos. 80-2102, 80-2585, 81-1089.

671 F.2d 587 (1982)

DELMARVA POWER & LIGHT COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Old Dominion Electric Cooperative, et al., City of Newark, Delaware, the Town of Smyrna, Delaware, and the Mayor and Council of the City of New Castle, Delaware, Intervenors. The CITY OF NEWARK, DELAWARE, the Town of Smyrna, Delaware, and the Mayor and Council of the City of New Castle, Delaware, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Delmarva Power and Light Company, Old Dominion Electric Cooperative, et al., Intervenors. DELMARVA POWER & LIGHT COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent,

United States Court of Appeals, District of Columbia Circuit.

Decided February 19, 1982.

Attorney(s) appearing for the Case

Robert J. Glasser, New York City, for Delmarva Power & Light Co., petitioner in No. 80-2102 and intervenor in No. 80-2585.

John Wyeth Griggs, Washington, D.C., with whom Wallace L. Duncan and J. Cathy Lichtenberg, Washington, D.C., were on the brief for the City of Newark, Delaware, et al., petitioners in No. 80-2585 and intervenors in No. 80-2102.

Joshua Z. Rokach, Federal Energy Regulatory Commission, Washington, D.C., with whom Jerome Nelson, Acting Gen. Counsel and Sol., Federal Energy Regulatory Commission, was on the brief for respondent.

Kristina Nygaard, Federal Energy Regulatory Commission, Washington, D.C., also entered an appearance for respondent.

Nathan Huff Miller, Harrisonburg, Va., entered an appearance for Old Dominion Elec. Cooperative, et al., intervenors in Nos. 80-2102 and 80-2585.

Before WILKEY and MIKVA, Circuit Judges, and MARKEY, Chief Judge, United States Court of Customs and Patent Appeals.

Opinion for the Court filed by Circuit Judge WILKEY.

WILKEY, Circuit Judge:

In this action petitioner-intervenor Delmarva Power & Light Company ("Delmarva") and intervenor-petitioners City of Newark, Town of Smyrna, and Mayor and Council of the City of New Castle, all of Delaware ("the municipalities"), seek review of three orders of respondent Federal Energy Regulatory Commission ("FERC" or "the Commission"). However, we find FERC's actions here to be...

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