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

Nos. 82-1442, 82-1567.

716 F.2d 52 (1983)

CAROLINA POWER & LIGHT COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, North Carolina Electric Membership Corporation, et al., ElectriCities of North Carolina, et al., Public Works Commission of the City of Fayetteville, North Carolina, Intervenors. CAROLINA POWER & LIGHT COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, ElectriCities of North Carolina, et al., North Carolina Electric Membership Corporation, et al., Public Works Commission of the City of Fayetteville, North Carolina, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 26, 1983.


Attorney(s) appearing for the Case

Robert T. Hall, III, Washington, D.C., with whom Richard M. Merriman and Floyd L. Norton, IV, Washington, D.C., were on the brief, for petitioner.

Joseph S. Davies, Jr., Atty., F.E.R.C., Washington, D.C., with whom Jerome M. Feit, Atty., F.E.R.C., Washington, D.C., was on the brief, for respondent.

Marc R. Poirier, Washington, D.C., with whom James N. Horwood, Gearold L. Knowles, Patricia D. Ryan, Washington, D.C., and Thomas J. Bolch, Raleigh, N.C., were on the joint brief, for intervenors, ElectriCities of North Carolina, et al. David R. Straus, Washington, D.C., also entered an appearance for intervenors.

Before TAMM and GINSBURG, Circuit Judges, and JOHN W. PECK, Senior Circuit Judge, United States Court of Appeals for the Sixth Circuit.


Opinion for the Court filed by Senior Circuit Judge JOHN W. PECK.

JOHN W. PECK, Senior Circuit Judge:

The Carolina Power & Light Company (Carolina Power) seeks review of a Federal Energy Regulatory Commission (FERC or Commission) decision denying the utility's request for a change in its rate schedule. Carolina Power sought to include as a cost expenses associated with the permanent disposal of spent nuclear fuel...

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