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COOPERATIVE POWER ASS'N v. F.E.R.C.

No. 83-1622.

739 F.2d 390 (1984)

COOPERATIVE POWER ASSOCIATION, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, Eighth Circuit.

Decided July 25, 1984.

Attorney(s) appearing for the Case

Spiegel & McDiarmid, James N. Horwood, Ben Finkelstein, Washington, D.C., for Cooperative Power Ass'n.

Stephen R. Melton, Acting General Counsel, Barbara J. Weller, Deputy Sol., Joseph S. Davies, Jr., Atty., Washington, D.C., for respondent.

Steven W. Tyacke, James H. Anderson, Esq. Minnesota Power & Light Company, Duluth, Minn., Robert T. Hall, III, Reid & Priest, New York City, Michael B. Early, Reid & Priest, Washington, D.C., for Minnesota Power & Light Co.

Before LAY, Chief Judge, BRIGHT, Circuit Judge, and HANSON, Senior District Judge.

PER CURIAM.

Petitioner Cooperative Power Association (CPA), seeks review of our panel decision in Cooperative Power Association v. Federal Energy Regulatory Commission, 733 F.2d 577 (8th Cir.1984). In that decision, the panel held that, once a rate filed with the Federal Energy Regulatory Commission (Commission) has become effective, the Commission has no power to suspend the rate even upon the granting of a rehearing. Id...

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