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DAYTON POWER AND LIGHT CO. v. F.E.R.C.

No. 87-3173.

843 F.2d 947 (1988)

The DAYTON POWER AND LIGHT COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Buckeye Power, Inc.; American Municipal Power-Ohio, Inc.; and City of St. Marys, Ohio, Intervenors for Respondent.

United States Court of Appeals, Sixth Circuit.

Decided April 5, 1988.

Attorney(s) appearing for the Case

Richard M. Merriman, Robert S. Waters, John D. McGrane (argued), Joseph J. DiMona, Reid & Priest, Washington, D.C., Stephen F. Koziar, Jr., Edward N. Rizer, The Dayton Power & Light Co., Dayton, Ohio, for petitioner.

Hanford O'Hara (argued), Thomas Blackburn, John H. Conway, F.E.R.C., Office of the Solicitor, Washington, D.C., for respondent.

David R. Straus, Marc Poirier, Ben Finkelstein (argued), Spiegel & McDiarmid, Washington, D.C., for intervenor for respondent American Mun. Power-Ohio and City of St. Marys, Ohio.

Robert P. Mone, William R. Case, Thompson, Hine & Flory, Columbus, Ohio, for intervenor for respondent Buckeye.

Before MILBURN and GUY, Circuit Judges, and CONTIE, Senior Circuit Judge.

RALPH B. GUY, Jr., Circuit Judge.

Dayton Power and Light Company (DP & L), an investor-owned public utility, petitions for review of orders issued by the Federal Energy Regulatory Commission (FERC or the Commission), requiring DP & L to transmit power generated by Buckeye Power, Inc., to the City of St. Marys, Ohio, under the terms of a 1968 "wheeling" contract. DP & L contends that it did not agree to deliver the power now ordered by the Commission. Because...

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