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AMERICAN PAPER INST., INC. v. AMERICAN ELEC. POWER SERVICE CORP.

No. 82-34.

461 U.S. 402 (1983)

AMERICAN PAPER INSTITUTE, INC. v. AMERICAN ELECTRIC POWER SERVICE CORP. ET AL.

Supreme Court of United States.

Decided May 16, 1983.

Attorney(s) appearing for the Case

Deputy Solicitor General Bator argued the cause for petitioners in both cases. With him on the briefs for petitioner in No. 82-226 were Solicitor General Lee, Deputy Solicitor General Claiborne, Elliott Schulder, Charles A. Moore, Jerome M. Feit, and Robert F. Shapiro. Zachary Shimer, Paul G. Pennoyer, Jr., Rigdon H. Boykin, Richard L. Schmalz, and Walter Kiechel, Jr., filed briefs for petitioner in No. 82-34.

Edward Berlin argued the cause for respondents in both cases. With him on the brief for respondent Electric Utilities was Thomas M. Lemberg, Andrew D. Weissman, Robert S. Taylor, A. Joseph Dowd, and Peter Garam. John T. Miller, Jr., filed a brief for respondent Elizabethtown Gas Co.†

Robert L. Baum, Carl D. Hobelman, and Eugene R. Fidell filed a brief for the Edison Electric Institute as amicus curiae urging affirmance.

JUSTICE MARSHALL delivered the opinion of the Court.

This case concerns two rules promulgated by the Federal Energy Regulatory Commission (FERC) pursuant to § 210 of the Public Utility Regulatory Policies Act of 1978 (PURPA), 92 Stat. 3144, as amended, 16 U. S. C. § 824a-3 (1976 ed., Supp. V). The first rule requires electric utilities to purchase electric energy from cogenerators and small power producers at a rate equal to the purchasing utility's full...

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