ELECTRICITY CONSUMERS RESOURCE COUN. v. F.E.R.C.

Nos. 84-1006, 84-1007.

747 F.2d 1511 (1984)

ELECTRICITY CONSUMERS RESOURCE COUNCIL, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Wisconsin Electric Power Company, Public Service Commission of Wisconsin, Intervenors. The CITIES, VILLAGES AND TOWNS OF CEDARBURG, et al., Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, v. Wisconsin Electric Power Company, Public Service Commission of Wisconsin, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided November 20, 1984.


Attorney(s) appearing for the Case

Philip A. Fleming, Washington, D.C., with whom Diane K. Rogell, Washington, D.C., was on brief, for petitioner in No. 84-1006.

J. Leroy Thilly, Madison, Wis., with whom Michael P. May, Madison, Wis., was on the brief, for petitioners in No. 84-1007.

Andrea Wolfman, Atty., F.E.R.C., Washington, D.C., with whom Jerome M. Feit, Sol., F.E.R.C., Washington, D.C., was on brief, for respondent. Joseph S. Davies, Jr., Washington, D.C., also entered an appearance for respondent.

George F. Bruder, Washington, D.C., for intervenor, Wisconsin Electric Power Company. James E. Hickey, Jr., Washington, D.C., also entered an appearance for intervenor.

Philip J. Mause, Washington, D.C., and Steven M. Schur, Madison, Wis., were on brief for intervenor, Public Service Commission of Wisconsin.

Rigdon H. Boykin, New York City, and Robert F. Shapiro, Washington, D.C., entered appearances for American Paper Institute, Inc., movant for petition for rehearing.

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


Opinion for the Court PER CURIAM.

Separate concurring opinion filed by Senior Circuit Judge MacKINNON.

PER CURIAM:

Petitioners, the Electricity Consumers Resource Council ("ELCON"), an organization of large industrial users of electricity, and the Cities, Villages and Towns of Cedarburg, et al. ("the Cities"), a group of wholesale customers, challenge two orders of the Federal Energy Regulatory Commission ("FERC"). The first order, Opinion No...

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