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DELMARVA POWER & LIGHT CO. v. F.E.R.C.

No. 84-1033.

770 F.2d 1131 (1985)

DELMARVA POWER & LIGHT COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Cities of Newark and New Castle, Delaware, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 16, 1985.

Attorney(s) appearing for the Case

Robert J. Glasser, New York City, for petitioner. Dale G. Stoodley, Wilmington, Del., entered an appearance for petitioner.

Joel M. Cockrell, Atty., F.E.R.C., Washington, D.C., with whom William H. Satterfield, Gen. Counsel, and Jerome M. Feit, Solicitor, F.E.R.C., Washington, D.C., were on the brief, for respondent.

John Wyeth Griggs, Washington, D.C., with whom Wallace L. Duncan, Washington, D.C., was on the brief, for intervenors.

Before WALD, EDWARDS, and BORK, Circuit Judges.

Opinion for the Court filed by Circuit Judge BORK.

BORK, Circuit Judge:

Delmarva Power & Light Company petitions for review of a decision of the Federal Energy Regulatory Commission refusing to include the annualized costs of a new generating plant in Delmarva's test period rate base. Our jurisdiction is based on 16 U.S.C. § 825l (b) (1982).

Delmarva had the burden of establishing that the annualization method it chose resulted in a...

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