VIOLET v. F.E.R.C.

No. 85-1734.

800 F.2d 280 (1986)

Arlene VIOLET, Attorney General of the State of Rhode Island and the Rhode Island Division of Public Utilities and Carriers, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. New England Power Company, Intervenor.

United States Court of Appeals, First Circuit.

Decided September 5, 1986.


Attorney(s) appearing for the Case

Sheldon Whitehouse, Sp. Asst. Atty. Gen., with whom Arlene Violet, Atty. Gen., Providence, R.I., was on brief, for petitioners.

Joseph S. Davies, with whom John N. Estes, III, William H. Satterfield, General Counsel, and Joshua Z. Rokach, Washington, D.C., were on brief, for respondent.

Edward Berlin, with whom Andrew D. Weissman, Kenneth G. Jaffe and Swidler & Berlin, Chartered, Washington, D.C., were on brief, for intervenor.

Before CAMPBELL, Chief Judge, and ALDRICH and COFFIN, Circuit Judges.


LEVIN H. CAMPBELL, Chief Judge.

The State of Rhode Island petitions for review of an order of the Federal Energy Regulatory Commission ("FERC" or "Commission") permitting intervenor New England Power Company ("NEP") to recover, by passing on to consumers, the costs it incurred as a participant in the construction of the Pilgrim II nuclear power plant during the last 15 months before the project was abandoned. We affirm the...

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