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CITY OF GIRARD, KAN. v. F.E.R.C.

No. 84-1210.

790 F.2d 919 (1986)

CITY OF GIRARD, KANSAS, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Kansas Gas and Electric Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided May 16, 1986.

Attorney(s) appearing for the Case

Charles F. Wheatley, Jr. with whom Peter A. Goldsmith was on brief for petitioner.

John Estes, Attorney, F.E.R.C., for respondent, Barbara J. Weller, Deputy Sol., and Michael E. Small, Attorney, F.E.R.C., were on brief for respondent.

Jerome E. Feit, Attorney, F.E.R.C., also entered his appearance for respondent.

J. Michael Peters was on brief for intervenor, Kansas Gas and Elec. Co.

Before ROBINSON, Chief Judge, WALD, Circuit Judge, and McGOWAN, Senior Circuit Judge.

Opinion for the Court filed by Senior Circuit Judge McGOWAN.

McGOWAN, Senior Circuit Judge:

Petitioner Girard, Kansas, is a municipality that purchases wholesale power from intervenor Kansas Gas and Electric ("KG & E"). Girard maintains its own power generation facilities but purchases its excess requirements from KG & E. Girard then resells some or all of its power to retail customers. In this case, Girard challenges an order of the Federal Energy...

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