CONSOLIDATED EDISON CO. OF NEW YORK v. BREZNAY

No. DC-108.

873 F.2d 301 (1989)

CONSOLIDATED EDISON CO. OF NEW YORK, INC., Long Island Lighting Co., Orange and Rockland Utilities, Inc., Southern California Edison Co., Pacific Gas and Electric Co., San Diego Gas and Electric Co., Appellants, v. George B. BREZNAY, Director, and Thomas L. Wieker, Deputy Director, Office of Hearings and Appeals, U.S. Department of Energy, Appellees.

Temporary Emergency Court of Appeals.

Decided March 14, 1989.


Attorney(s) appearing for the Case

Philip P. Kalodner, Philadelphia, Pa., was on the brief, for Consolidated Edison Co. of New York, et al., appellants.

Don W. Crockett, Judicial Litigation Div., Economic Regulatory Admin., U.S. Dept. of Energy, with whom John L. Gurney of the same office, and John R. Bolton, Asst. Atty. Gen., Civ. Div., Dept. of Justice, Washington, D.C., were on the brief, for appellees.

Before Chief Judge GARZA, Judges WILLIAM H. BECKER and THORNBERRY.


WILLIAM H. BECKER, Judge.

STATEMENT OF FACTS

Complaint

This action was commenced on June 18, 1987, by the filing of a complaint in the United States District Court for the District of Columbia. R. 5-17. The complaint was filed by the appellant utilities, Consolidated Edison Company of New York (Consolidated Edison), and others against the appellees Breznay, Director, and Wieker, Deputy Director, of the Office of Hearings and Appeals (OHA...

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