PUBLIC SERVICE CO. OF NEW MEXICO v. F.E.R.C.

Nos. 82-1148, 84-1624, 84-1677, 82-1882, 84-1235, 83-1228 and 84-1236.

832 F.2d 1201 (1987)

PUBLIC SERVICE COMPANY OF NEW MEXICO, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, City of Gallup, New Mexico, Intervenor. (Three Cases) CITY OF GALLUP, NEW MEXICO, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Public Service Company of New Mexico, Intervenor. (Three Cases)

United States Court of Appeals, Tenth Circuit.

November 4, 1987.


Attorney(s) appearing for the Case

Philip B. Malter of Wheatley & Wollesen, Annapolis, Md., and John T. Stough, Jr., of Newman & Holtzinger, P.C., Washington, D.C. (Paul H. Keck, Brian R. Gish, and Nancy A. White of Newman & Holtzinger, P.C., Washington, D.C., Richard B. Cole of Keleher & McLeod, P.A., Albuquerque, N.M., and Charles F. Wheatley, Jr., and John R. Kroeger (Nos. 82-1148, 84-1624 and 84-1677 only) of Wheatley & Wollesen, Annapolis, Md., with them on the briefs), for petitioners-intervenors, Public Service Co. of New Mexico and City of Gallup, N.M.

John H. Conway (Catherine C. Cook, Gen. Counsel, Christopher J. Warner, Acting Gen. Counsel (in Nos. 82-1148, 84-1624 and 84-1677 only), Barbara J. Weller, Deputy Sol., and Cynthia A. Marlette with him on the brief), F.E.R.C., Washington, D.C., for respondent, F.E.R.C.

Before McKAY, MOORE and TACHA, Circuit Judges.


McKAY, Circuit Judge.

Public Service Company of New Mexico (PNM) is an electric utility selling electricity both at retail and at wholesale. PNM's wholesale sales of electric power in interstate commerce subject it to the jurisdiction of the Federal Energy Regulatory Commission (FERC or Commission) pursuant to the Federal Power Act, 16 U.S.C. §§ 824-828c (1982). The city of Gallup, New Mexico, is a full-requirements wholesale customer of PNM. The present...

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