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

Nos. 86-1311, 86-1313.

857 F.2d 833 (1988)

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

United States Court of Appeals, District of Columbia Circuit.

Decided September 27, 1988.

Attorney(s) appearing for the Case

John T. Stough, Jr., with whom Paul H. Keck, Brian R. Gish and Nancy A. White, Washington, D.C., were on the brief, for petitioner-intervenor Public Service Co. of New Mexico.

Philip B. Malter, with whom Charles F. Wheatley, Annapolis, Md., was on the brief, for petitioner-intervenor City of Gallup, N.M.

Joshua Z. Rokach, Atty., F.E.R.C., with whom Catherine C. Cook, Gen. Counsel, Jerome M. Feit, Sol., and John H. Conway, Atty., F.E.R.C., Washington, D.C., were on the brief, for respondent. Arlene Pianko Groner and Barbara J. Weller, Attys., F.E.R.C., Washington, D.C., entered appearances for respondent.

Before ROBINSON and MIKVA, Circuit Judges, and GORDON, Senior District Judge.

Opinion for the Court filed by Circuit Judge SPOTTSWOOD W. ROBINSON, III.

SPOTTSWOOD W. ROBINSON, III, Circuit Judge:

The City of Gallup, New Mexico, and the Public Service Company of New Mexico (PNM) petition for review of an order which implements Opinion No. 164 of the Federal Energy Regulatory Commission. The parties raise a number of complex legal issues, but the decisive question is whether the Commission designated correctly the point in time at which...

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