CITIES OF CARLISLE AND NEOLA, IOWA v. F.E.R.C.

No. 82-1146.

741 F.2d 429 (1984)

CITIES OF CARLISLE AND NEOLA, IOWA, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Iowa Power & Light Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided August 10, 1984.

As Amended August 16, 1984.


Attorney(s) appearing for the Case

Frances E. Francis, Washington, D.C., with whom Joseph Van Eaton, P. Daniel Bruner, Daniel I. Davidson and Ben Finkelstein, Washington, D.C., were on the brief, for petitioner.

Barbara J. Weller, Deputy Sol., Federal Energy Regulatory Commission, Washington, D.C., with whom Charles A. Moore, General Counsel and Thajauna D. Miller, Atty., Federal Energy Regulatory Commission, Washington, D.C., were on the brief, for respondent. Jerome M. Feit, Atty., Federal Energy Regulatory Commission, Washington, D.C., also entered an appearance for respondent.

J. Richard Tiano, Washington, D.C., with whom Lynn K. Vorbrich, Des Moines, Iowa, and Patricia M. McEvoy, New York City, were on the brief for intervenor, Iowa Power & Light Company.

Robert A. O'Neil, Washington, D.C., was on the memorandum in support of the petition for rehearing for amicus curiae, Mid-Tex Generation, et al. urging reversal.

Diane L. McIntire, Washington, D.C., was on the memorandum in support of the petition for rehearing for amicus curiae, Iowa State Commerce Commission urging reversal.

Louis J. Caruso and Edward L. Petrini, Lansing, Mich., were on the memorandum in support of the petition for rehearing for amicus curiae, State of Michigan urging reversal.

Robert H. Bear, Washington, D.C., was on the memorandum in support of the petition for rehearing for amicus curiae, Rufus L. Edmisten, Atty. Gen., of the State of North Carolina, Raleigh, N.C., urging reversal.

Alan H. Richardson, Washington, D.C., was on the memorandum in support of the petition for rehearing for amicus curiae, American Public Power Association urging reversal.

Dennis J. Robert, II, Providence, R.I., was on the memorandum in support of the petition for rehearing for amicus curiae, The State of Rhode Island urging reversal.

William T. Miller, Washington, D.C., was on the memorandum in support of the petition for rehearing for amicus curiae, American Public Gas Association urging reversal.

Before ROBINSON, Chief Judge, WILKEY, Circuit Judge and McGOWAN, Senior Circuit Judge.


Opinion for the Court filed by Circuit Judge WILKEY.

WILKEY, Circuit Judge:

Petitioners, the Cities of Carlisle and Neola, Iowa (Cities), seek review of two orders1 of the Federal Energy Regulatory Commission (FERC) accepting without suspension a rate filing by the Iowa Power and Light Company2 (IP & L). We affirm the Commission's orders.

I. FACTS

Iowa Power and Light submitted...

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