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SOUTHWESTERN ELEC. POWER CO. v. F.E.R.C.

No. 86-1104.

810 F.2d 289 (1987)

SOUTHWESTERN ELECTRIC POWER COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Oklahoma Municipal Power Authority, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

February 3, 1987.

Attorney(s) appearing for the Case

Clark Evans Downs and Carolyn Y. Thompson, Washington, D.C., were on the brief for petitioner.

William H. Satterfield, General Counsel, Jerome M. Feit, Sol., and Joel M. Cockrell, F.E.R.C., Washington, D.C., were on the brief for respondent.

Robert A. O'Neil and Jonathan S. Liebowitz, Washington, D.C., entered appearances for intervenor.

Before MIKVA, GINSBURG and SILBERMAN, Circuit Judges.

Opinion for the Court filed by Circuit Judge RUTH BADER GINSBURG.

Dissenting opinion filed by Circuit Judge MIKVA.

RUTH BADER GINSBURG, Circuit Judge:

In this case, we confront an attempt by the Federal Energy Regulatory Commission (FERC or Commission) to adjust to this court's decision in Middle South Energy, Inc. v. FERC, 747 F.2d 763 (D.C.Cir.1984), cert. dismissed...

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