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VERMONT DEPT. OF PUBLIC SERVICE v. F.E.R.C.

No. 85-1849.

817 F.2d 127 (1987)

VERMONT DEPARTMENT OF PUBLIC SERVICE, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Vermont Electric Power Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided April 28, 1987.

Attorney(s) appearing for the Case

Harvey L. Reiter, with whom William I. Harkaway, Washington, D.C., and Gerald R. Tarrant, Montpelier, Vt., were on the brief for petitioner.

John Conway, F.E.R.C., Washington, D.C., for respondent. Barbara J. Weller, Deputy Sol. and Joseph S. Davies, Atty., F.E.R.C., Washington, D.C., were on the brief for respondent.

A. Karen Hill, F.E.R.C., Washington, D.C., entered an appearance for respondent.

George F. Bruder, Washington, D.C., for intervenor.

Before STARR and BUCKLEY, Circuit Judges, and GASCH, Senior District Judge.

Opinion for the Court filed by Circuit Judge STARR.

STARR, Circuit Judge:

This case calls upon us to review an agency's interpretation of an electric utility contract. Specifically, the Vermont Department of Public Service ("VDPS") challenges the Federal Energy Regulatory Commission's determination that VDPS's contract with Vermont Electric Power Company ("VELCO") for transmission of power permitted VELCO unilaterally to make a series of rate filings with...

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