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CINCINNATI GAS & ELEC. CO. v. F.E.R.C.

No. 82-3338.

724 F.2d 550 (1984)

The CINCINNATI GAS & ELECTRIC COMPANY, Petitioner, The Toledo Edison Company, Intervenor, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Buckeye Power, Inc., and American Municipal Power-Ohio, Inc., Intervenors.

United States Court of Appeals, Sixth Circuit.

Decided January 10, 1984.

Attorney(s) appearing for the Case

William J. Moran, Vice President & Gen. Counsel, Cincinnati Gas & Electric Co., Cincinnati, Ohio, Richard M. Merriman, Robert S. Waters (argued), John D. McGrane, Reid & Priest, Washington, D.C., for Cincinnati Gas & Elec. Co.

Robert Shapiro (argued), Jerome M. Feit (Lead Counsel), F.E.R.C., Washington, D.C., for F.E.R.C.

David R. Straus, Spiegel & McDiarmid, Washington, D.C., for American Municipal Power — Ohio, Inc.

Robert P. Mone, William R. Case, Thompson, Hine & Flory, Columbus, Ohio, for Buckeye Power, Inc.

James K. Mitchell, Reid & Priest, Washington, D.C., for Toledo Edison Co.

Before KENNEDY, ENGEL and MARTIN, Circuit Judges.

CORNELIA G. KENNEDY, Circuit Judge.

Cincinnati Gas & Electric Company (CG & E) petitions for review of an order of the Federal Energy Regulatory Commission (FERC or the Commission) requiring CG & E to transmit power generated by Buckeye Power, Inc. to the City of Hamilton, Ohio under the terms of a 1968 "wheeling" contract. CG & E contends it did not agree to deliver the power now ordered by the Commission. We agree, vacate the Commission's order and...

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