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SOUTHWESTERN PUBLIC SERVICE CO. v. F.E.R.C.

Nos. 83-1759, 85-1421 and 85-2117.

842 F.2d 1204 (1988)

SOUTHWESTERN PUBLIC SERVICE COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Full Requirements Cooperative Customers of Southwestern Public Service Company, City of Brownfield, Texas, City of Floydada, Texas, and Lea County Electric Cooperative, Inc., Intervenors. SOUTHWESTERN PUBLIC SERVICE COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Golden Spread Electric Cooperative, Inc., Kimwood Electric Cooperative, Inc., the Full Requirements Cooperative Customers of Southwestern Public Service Company, Lubbock Power & Light of the City of Lubbock, Texas and the Cities of Brownfield, Floydada and Tulia, Texas, Intervenors. SOUTHWESTERN PUBLIC SERVICE COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Golden Spread Electric Cooperative, Inc., Kimwood Electric Cooperative, Inc., and the Full Requirements Cooperative Customers of Southwestern Public Service Company, Intervenors.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied May 27, 1988.

Attorney(s) appearing for the Case

Paul J. Kelly, Jr. of Hinkle, Cox, Eaton, Coffield & Hensley, Santa Fe, N.M. (Paul W. Eaton of Hinkle, Cox, Eaton, Coffield & Hensley, Amarillo, Tex., Alan J. Statman and Michael E. Small of Wright & Talisman, P.C., Washington, D.C, with him on the briefs), for petitioner.

A. Karen Hill, F.E.R.C. (William H. Satterfield, General Counsel, Stephen R. Melton, Acting General Counsel, Barbara J. Weller, Deputy Sol., with her on the briefs), Washington, D.C., for respondent.

Robert A. O'Neil of Miller, Balis & O'Neil, P.C. (James R. Choukas-Bradley and Mary A. Hekman-Lielbriedis, with him on the briefs), Washington, D.C., for intervenors Full Requirements Co-op. Customers of Southwestern Public Service Co., Golden Spread Elec. Co-op., Inc. and Kimwood Elec. Co-op., Inc.

William J. McGowan, II of McGowan & McGowan, P.C., Brownfield, Texas, C. Gene Samberson of Heidel, Samberson, Gallini, Williams and Harrington, Lovington, N.M., Richard A. Solomon and Robert W. Kneisley of Wilner & Scheiner, Washington, D.C., filed a brief on behalf of intervenors Lea County Elec. Co-op., Inc., City of Brownfield and City of Floydada, Tex.

Before McKAY and SETH, Circuit Judges, and GREENE, District Judge.

SETH, Circuit Judge.

These cases, Nos. 85-2117, 83-1759 and 85-1421, were consolidated for consideration and disposition. Each concerns issues which are related and which arose from orders of the federal regulatory agency directed to Southwestern Public Service Company concerning its use of investment tax credits.

Case Nos. 85-1421 and 83-1759

The petitioner, Southwestern Public Service Company, seeks a review under 16 U.S.C. § 825

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