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CITY OF CLEVELAND, OHIO v. F.E.R.C.

No. 84-1267.

773 F.2d 1368 (1985)

CITY OF CLEVELAND, OHIO, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Cleveland Electric Illuminating Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided October 8, 1985.

Attorney(s) appearing for the Case

Reuben Goldberg, Washington, D.C., with whom Craig Glazer, Cleveland, Ohio, was on brief, for petitioner.

Joel Cockrell, Atty., F.E.R.C., Washington, D.C., with whom Barbara J. Weller, Deputy Sol., and Michael E. Small, Atty., F.E.R.C., Washington, D.C., were on brief, for respondent.

Robert T. Hall, III, Washington, D.C., with whom Richard M. Merriman and James K. Mitchell, were on brief, for intervenor. Stephen C. Huntoon, Washington, D.C., also entered an appearance for intervenor.

Before WRIGHT and SCALIA, Circuit Judges, and MARKEY, Chief Judge of the United States Court of Appeals for the Federal Circuit.

Opinion for the Court filed by Circuit Judge SCALIA.

SCALIA, Circuit Judge:

This appeal involves a challenge to an order of the Federal Energy Regulatory Commission accepting a compliance filing by the Cleveland Electric Illuminating Company ("CEI") — i.e., a schedule of rates submitted by CEI in purported compliance with instructions contained in an earlier order of the Commission — covering short-term and limited-term power service to...

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