FORT PIERCE UTILITIES AUTHORITY v. F.E.R.C.

No. 83-1286.

730 F.2d 778 (1984)

FORT PIERCE UTILITIES AUTHORITY OF the CITY OF FORT PIERCE, Lake Worth Utilities Authority, and the Cities of Homestead and Starke, Florida, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Sebring Utilities Commission, et al., Florida Power Corporation, Florida Power & Light Company, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 16, 1984.


Attorney(s) appearing for the Case

Robert A. Jablon, Washington, D.C., with whom Marc R. Poirier and Joseph L. Van Eaton, Washington, D.C., were on brief, for petitioners.

Joel Cockrell, Atty., F.E.R.C., Washington, D.C., for respondent. Stephen R. Melton, Acting General Counsel, Jerome M. Feit, Sol., and Thomas E. Hirsch, III, Atty., F.E.R.C., Washington, D.C., were on brief, for respondent. Barbara J. Weller, Atty., F.E.R.C., Washington, D.C., also entered an appearance for respondent.

Robert T. Hall, III, Washington, D.C., with whom Richard M. Merriman and Floyd L. Norton, IV, Washington, D.C., were on brief, for intervenor, Florida Power and Light Company.

George F. Bruder, Washington, D.C., was on brief for intervenor, Florida Power Corporation. James E. Hickey, Jr., Washington, D.C., also entered an appearance for Florida Power Corporation.

Robert A. Jablon, Washington, D.C., entered an appearance for intervenors, Sebring Utilities Commission, et al.

Before TAMM and WALD, Circuit Judges, and MacKINNON, Senior Circuit Judge.


Opinion for the Court filed by Circuit Judge WALD.

Opinion concurring in part and dissenting in part filed by Senior Circuit Judge MacKINNON.

WALD, Circuit Judge:

In this case, several Florida municipal electric utilities1 ("Florida Cities") seek direct review of an order of the Federal Energy Regulatory Commission ("FERC" or "the Commission") establishing transmission rates for Florida Power & Light Co. ("FP &...

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