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VILLAGE OF ILION, N.Y. v. F.E.R.C.

No. 636, Docket 85-4143.

790 F.2d 212 (1986)

The VILLAGE OF ILION, NEW YORK, Municipal Building, Ilion, New York 13357, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, 825 North Capital Street, N.E., Washington, D.C. 20426, Respondent. Power Authority of the State of New York, Niagara Mohawk Power Corporation, New York State Electric & Gas Corporation, Intervenors.

United States Court of Appeals, Second Circuit.

Finally Submitted March 6, 1986.

Decided May 5, 1986.

Attorney(s) appearing for the Case

Philip L. Chabot, Jr., Washington, D.C., for petitioner.

Joshua Z. Rokach, Atty., F.E.R.C., Washington, D.C. (William H. Satterfield, General Counsel, Jerome M. Feit, Solicitor, F.E.R.C., Washington, D.C., of counsel), for respondent.

Kenneth M. Jasinski, New York City (Frederic H. Lawrence, Huber Lawrence & Abell, New York City, for intervenor New York State Elec. & Gas Corp.; Jaeckle, Fleischmann & Mugel, John H. Stenger, Buffalo, N.Y., of counsel, for intervenor Niagara Mohawk Power Corp.

Before FEINBERG, Chief Judge, and MANSFIELD and CARDAMONE, Circuit Judges.

MANSFIELD, Circuit Judge:

The Village of Ilion ("Ilion") seeks review of an order of the Federal Energy Regulatory Commission ("FERC") dismissing as moot a complaint and petition filed by it jointly with the Municipal Electric Utilities Association ("MEUA"). The complaint sought a declaratory order from FERC stating that the Power Authority of the State of New York ("PASNY") had engaged in anticompetitive conduct in violation...

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