BOSTON EDISON CO. v. F.E.R.C.

No. 87-1935.

856 F.2d 361 (1988)

BOSTON EDISON COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. City of Holyoke Gas and Electric Department, et al., Intervenors.

United States Court of Appeals, First Circuit.

Decided September 6, 1988.


Attorney(s) appearing for the Case

Carmen L. Gentile with whom James H. McGrew, Bruder, Gentile & Marcoux, Washington, D.C. and Wayne R. Frigard, Boston, Mass., were on brief, for petitioner.

Joseph S. Davies with whom Catherine C. Cook, Gen. Counsel, and Jerome M. Feit, Sol., Washington, D.C., were on brief, for respondent.

P. Daniel Bruner with whom Frances E. Francis and Spiegel & McDiarmid, Washington, D.C., were on brief, for intervenors.

Before COFFIN and SELYA, Circuit Judges, and ACOSTA, District Judge.


SELYA, Circuit Judge.

Boston Edison Company ("BECO") petitions for review of certain orders of the Federal Energy Regulatory Commission ("FERC" or the "Commission") refunding plant addition interest costs ("PAI") to some thirteen municipal agencies (the "intervenors"). We recount the history of the proceeding and then address the principal questions presented.

I. BACKGROUND

Between 1974 and 1975, BECO entered into long-term energy contracts with...

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