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GREENSBORO LUMBER CO. v. F.E.R.C.

No. 86-1366.

825 F.2d 518 (1987)

GREENSBORO LUMBER COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Oglethorpe Power Corporation, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided August 11, 1987.

Attorney(s) appearing for the Case

Mark L. Gerchick, Washington, D.C., with whom Beth Emery and Bruce D. Ryan were on the brief, for intervenor.

Jack H. Watson, Jr., Washington, D.C., with whom Stephen Milliken was on the brief, for petitioner.

Joshua Rokach, Atty., F.E.R.C. ("FERC"), Washington, D.C., for respondent. Barbara J. Weller, Deputy Solicitor, and Joanne Leveque, Atty., FERC, were on the brief, for respondent.

Before RUTH BADER GINSBURG and BUCKLEY, Circuit Judges, and THOMAS E. FAIRCHILD, U.S. Senior Circuit Judge for the Seventh Circuit.

Opinion for the court filed by Circuit Judge BUCKLEY.

BUCKLEY, Circuit Judge:

In 1980 the Federal Energy Regulatory Commission promulgated regulations designed to encourage the generation of electricity from resources produced during manufacture, a technique called "cogeneration." The regulations require electric utilities to purchase excess electricity from, and sell back-up electricity to, owners of cogeneration facilities. In this case the owner of a cogeneration...

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