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CITY OF WINNFIELD, LA. v. F.E.R.C.

No. 82-1224.

744 F.2d 871 (1984)

CITY OF WINNFIELD, LOUISIANA, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Louisiana Power & Light Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided October 2, 1984.

Attorney(s) appearing for the Case

Wallace Brand, Washington, D.C., with whom Sean T. Beeny was on the brief for petitioner.

Joseph S. Davies, Jr., Attorney, F.E.R.C., Washington, D.C., with whom Jerome M. Feit, Sol., F.E.R.C., Washington, D.C., was on the brief for respondent.

James K. Mitchell, Washington, D.C., with whom Richard M. Merriman, Lisa H. Powell, Washington, D.C., and Andrew P. Carter, New Orleans, La., were on the brief for intervenor.

Before WRIGHT and SCALIA, Circuit Judges, and WEIGEL, Senior District Judge for the Northern District of California.

Opinion for the Court filed by Circuit Judge SCALIA.

SCALIA, Circuit Judge:

This appeal involves the Federal Energy Regulatory Commission's authorization of an increased rate under the Federal Power Act. We are of the view that the procedures used by the Commission were proper, and that the decision of the Administrative Law Judge, as adopted by the Commission, correctly stated the law applicable to the facts. With one exception, the issues resolved do not...

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