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

Nos. 82-1708, 82-1709.

711 F.2d 219 (1983)

FLORIDA POWER & LIGHT CO., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Resources Recovery (Dade County), Inc., Intervenor. FLORIDA POWER & LIGHT CO., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Resources Recovery (Dade County), Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 14, 1983.

Attorney(s) appearing for the Case

J.A. Bouknight, Jr., Washington, D.C., with whom Jill E. Grant, Washington, D.C., was on the brief, for petitioner.

Robert F. Shapiro, Atty., F.E.R.C., Washington, D.C., for respondent.

Barbara J. Weller, Deputy Sol., F.E.R.C., Joanne Leveque and Michael Kessler, Attys., F.E.R.C., Washington, D.C., were on the brief, for respondent.

David J. Bardin, Lewis E. Leibowitz and Donald B. Mitchell, Jr., Washington, D.C., were on the brief, for intervenor.

Before EDWARDS, Circuit Judge, MacKINNON, Senior Circuit Judge, and FAIRCHILD, Senior Circuit Judge, United States Court of Appeals for the Seventh Circuit.

Opinion for the Court filed by Senior Circuit Judge FAIRCHILD.

FAIRCHILD, Senior Circuit Judge:

Petitioner, Florida Power & Light Company ("FPL"), seeks review of orders by the Federal Energy Regulatory Commission ("the Commission") dismissing FPL's challenges to the self-qualification by Resources Recovery (Dade County), Inc. ("RRD") of a small power production facility and to its filing of initial energy rates...

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