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HOLYOKE WATER POWER CO. v. F.E.R.C.

No. 85-1052.

799 F.2d 755 (1986)

HOLYOKE WATER POWER COMPANY and Holyoke Power and Electric Company, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, New England Power Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided August 22, 1986.

As Amended August 22, 1986.

Attorney(s) appearing for the Case

Robert P. Wax, with whom James R. McIntosh, Hartford, Conn., was on brief for petitioners.

John N. Estes, Atty., Federal Energy Regulatory Com'n, Washington, D.C., for respondent.

Barbara J. Weller, Deputy Sol. and Leslie J. Lawner, Atty., Federal Energy Regulatory Com'n, Washington, D.C., were on brief, for respondent.

Peter G. Flynn, Providence, R.I., was on brief for intervenor, New England Power Co.

Before STARR, Circuit Judge, J. SKELLY WRIGHT and MacKINNON, Senior Circuit Judges.

Opinion for the Court filed by Circuit Judge STARR.

Dissenting opinion filed by Senior Circuit Judge MacKINNON.

STARR, Circuit Judge:

Under the well-settled doctrine known as Mobile-Sierra,1 the legality of a proposed rate increase by a seller of electric power turns on the terms of the contract governing the relationship between the purchasers and seller of electricity. This case calls upon us to review the Federal...

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