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  5. 754 F.2d 1378 (1985)
 

CITY OF OAKLAND, CAL. v. F.E.R.C.

No. 83-7933.

754 F.2d 1378 (1985)

CITY OF OAKLAND, CALIFORNIA, Acting By and Through Its BOARD OF PORT COMMISSIONERS (PORT OF OAKLAND), Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Pacific Gas and Electric Co., State of California, and Public Utility Commission, Intervenors.

United States Court of Appeals, Ninth Circuit.

Decided March 5, 1985.

As Amended April 5, 1985.

Attorney(s) appearing for the Case

Carl W. Ulrich, Chapman, Duff, & Paul, Washington, D.C., for petitioners.

Joshua Rokach, F.E.R.C., Washington, D.C., for respondent.

Before GOODWIN, POOLE and BOOCHEVER, Circuit Judges.

BOOCHEVER, Circuit Judge:

This case concerns a ruling by respondent Federal Energy Regulatory Commission (FERC or the Commission) that the sale of electricity to an airport operated by petitioner City of Oakland does not constitute a "sale of electric energy at wholesale" within the meaning of the Federal Power Act, 16 U.S.C. §§ 791a-828c (1982), and is therefore not within the rate jurisdiction of FERC.

On appeal, petitioner argues that the sale...

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