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MID-TEX ELEC. CO-OP. v. F.E.R.C.

No. 87-1675.

864 F.2d 156 (1988)

MID-TEX ELECTRIC COOPERATIVE, et al. v. FEDERAL ENERGY REGULATORY COMMISSION.

United States Court of Appeals, District of Columbia Circuit.

Decided December 9, 1988.

Attorney(s) appearing for the Case

Robert A. O'Neil, with whom, Wallace F. Tillman and Michael D. Oldak, Washington, D.C., were on the brief for petitioners.

Samuel Sopper, Atty., F.E.R.C., with whom Catherine A. Cook, Gen. Counsel, and Jerome M. Feit, Sol., F.E.R.C., Washington, D.C., were on the brief for respondent. Joshua Z. Rokach, Atty., F.E.R.C., Washington, D.C., also entered an appearance for respondent.

Alan J. Statman, Washington, D.C., was on the brief, for intervenor Southwestern Public Service Co.

Albert R. Simonds, Jr., Washington, D.C., was on the brief, for intervenor Montaup Elec. Co.

Before EDWARDS, WILLIAMS and D.H. GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

This is the third of a series of cases before this court dealing with the Federal Energy Regulatory Commission's proposals to adjust the timing of federally regulated electric utilities' recovery of the cost of capital employed in construction. Before the adoption of the contested rules, a utility normally could recover these costs only after a newly constructed...

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