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AMERICAN MUN. POWER-OHIO, INC. v. F.E.R.C.

No. 87-1269.

863 F.2d 70 (1988)

AMERICAN MUNICIPAL POWER-OHIO, INC., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Cincinnati Gas & Electric Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided December 9, 1988.

Attorney(s) appearing for the Case

David R. Straus, with whom Margaret A. McGoldrick, Washington, D.C., was on the brief, for petitioner.

Timm L. Abendroth, Atty., F.E.R.C., with whom Catherine C. Cook, Gen. Counsel, and Jerome M. Feit, Sol., F.E.R.C., Washington, D.C., were on the brief, for respondent.

Michael A. Gribler, Robert S. Waters, Richard M. Merriman, and William M. Dudley, Washington, D.C., were on the brief for intervenor the Cincinnati Gas and Elec. Co.

Before EDWARDS, BUCKLEY, and SENTELLE, Circuit Judges.

Opinion for the Court filed PER CURIAM.

PER CURIAM:

American Municipal Power-Ohio, Inc. ("AMP") petitions us to remand to the Federal Energy Regulatory Commission ("FERC" or "the Commission") an order approving new charges by the Cincinnati Gas & Electric Company ("CG & E"). AMP claims FERC arbitrarily and capriciously approved the rate change without justifying its decision and improperly refused to conduct...

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