COM. OF MASS., DEPT. OF PUBLIC UTIL. v. U.S.

No. 83-1542.

729 F.2d 886 (1984)

COMMONWEALTH OF MASSACHUSETTS, DEPARTMENT OF PUBLIC UTILITIES, Petitioner, v. UNITED STATES of America, Federal Energy Regulatory Commission, Respondent. Western Massachusetts Electric Company, Intervenor.

United States Court of Appeals, First Circuit.

Decided March 15, 1984.


Attorney(s) appearing for the Case

Thomas A. Barnico, Asst. Atty. Gen., Government Bureau, with whom Francis X. Bellotti, Attorney General, and James W. Stetson, Staff Counsel, Massachusetts Dept. of Public Utilities, Boston, Mass., were on brief, for petitioner.

Joanne Leveque, Atty., with whom Stephen R. Melton, Acting Gen. Counsel, and Barbara J. Weller, Deputy Sol., Washington, D.C., were on brief, for respondent.

Samuel Huntington, and Thomas G. Robinson, Westborough, Mass., on brief, for New England Power Co., amicus curiae.

Robert P. Wax, with whom Philip M. Small, Hartford, Conn., was on brief, for intervenor.

Before COFFIN and BREYER, Circuit Judges, and PETTINE, Senior District Judge.


BREYER, Circuit Judge.

Massachusetts objects to a particular rate-setting practice used by the Western Massachusetts Electric Company. The practice falls within the regulatory jurisdiction, not of Massachusetts, but of the Federal Energy Regulatory Commission; it is embodied in a private utility agreement, which FERC has approved. Massachusetts told the utility to seek FERC's approval to change the rule. The utility filed a notice of change with FERC, in accordance...

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