PUERTO RICO ELECTRIC POWER AUTHORITY, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
American Paper Institute, Inc., American Gas Association, Cogeneration Coalition of America, Inc., Brooklyn Union Gas Co., Electricity Consumers Resources Council, Alcon, Inc., Energy Michigan, Inc., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued February 18, 1988.
Decided June 3, 1988.
Attorney(s) appearing for the Case
Nicholas W. Fels, with whom Elliott Schuler, Washington, D.C., was on the brief, for petitioner.
Jerome M. Feit, Sol., F.E.R.C., with whom Catherine C. Cook, Gen. Counsel and Joseph S. Davies, Atty., F.E.R.C., Washington, D.C., were on the brief, for respondent.
Adam Wenner, Howard E. Shapiro, Washington, D.C., for Alcon, Inc.
Rigdon H. Boykin, New York City, Robert F. Shapiro, Washington, D.C., for American Paper Institute, Inc.
Kevin B. Belford and Carol A. Smoots, Arlington, Va., for American Gas Ass'n.
Mary Ann Walker, Washington, D.C., for Cogeneration and Independent Power Coalition of America, Inc.
John W. Pestle, Grand Rapids, Mich., for Energy Michigan, Inc.
Philip A. Fleming, Washington, D.C., for Electricity Consumers Resource Council and David Konick, Washington, D.C., for Brooklyn Union Gas Co., were on the joint brief for intervenors.
Amy S. Koch, Washington, D.C., also entered an appearance for intervenor, American Paper Institute, Inc.
David J. Muchow, Arlington, Va., also entered an appearance for intervenor, American Gas Ass'n.
M. Lisanne Crowley, Washington, D.C., also entered an appearance for intervenor, Electricity Consumers Resources Council.
Before WILLIAMS and D.H. GINSBURG, Circuit Judges, and DANNY J. BOGGS, Circuit Judge, for the U.S. Court of Appeals for the Sixth Circuit.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge WILLIAMS.
WILLIAMS, Circuit Judge:
"Cogeneration" involves the joint production of electricity and useful heat or steam, in circumstances where some or all of the heat would otherwise be dissipated into the environment. Congress in 1978 was persuaded that artificial factors had prevented the nation from fully realizing cogeneration's potential. One such impediment was the likely refusal of electric utilities to...
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