STATE OF MINN. BY ATTY. GEN. v. F.E.R.C.

Nos. 83-1745, 83-2271.

734 F.2d 1286 (1984)

STATE OF MINNESOTA, By its ATTORNEY GENERAL, and Minnesota Public Utilities Commission, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION and the United States of America, Respondents, and Northern States Power Company (Minnesota); Northern States Power Company (Wisconsin); Lake Superior District Power Company; Public Service Commission of Wisconsin, Intervenors. STATE OF MINNESOTA, By its ATTORNEY GENERAL, and Minnesota Public Utilities Commission, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION and United States of America, Respondents, and Northern States Power Company (Minnesota) and (Wisconsin) and Lake Superior District Power, Intervenors.

United States Court of Appeals, Eighth Circuit.

Decided May 15, 1984.


Attorney(s) appearing for the Case

George F. Bruder, Bruder & Gentile, Washington, D.C., David A. Lawrence, Law Dept., Northern States Power Company, Minneapolis, Minn., for intervenors Northern States Power Company (Minnesota), Northern States Power Company (Wisconsin), Lake Superior District Power Company.

Hubert H. Humphrey, III, Atty. Gen., State of Minn., Karl W. Sonneman, Sp. Asst. Atty. Gen., St. Paul, Minn., for Minnesota Public Utilities Commission.

Stephen R. Melton, Acting General Counsel, Jerome M. Feit, Sol., Robert F. Shapiro, Washington, D.C., for respondent Federal Energy Regulatory Commission.

Before BRIGHT, ARNOLD and FAGG, Circuit Judges.


BRIGHT, Circuit Judge.

The State of Minnesota and the Minnesota Public Utilities Commission (collectively referred to as the MPUC) petition for review of orders1 of the Federal Energy Regulatory Commission (the Commission) approving a proposed amendment to the Coordinating Agreement among the Northern States Power Companies (NSP Companies). The MPUC contends that the Commission lacked jurisdiction to review the proposed amendment because...

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