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COMMONWEALTH EDISON CO. v. U.S. DEPT. OF ENERGY

No. 88-1585.

877 F.2d 1042 (1989)

COMMONWEALTH EDISON CO., Petitioner v. UNITED STATES DEPARTMENT OF ENERGY and United States of America.

United States Court of Appeals, District of Columbia Circuit.

Decided June 23, 1989.

Attorney(s) appearing for the Case

Pamela H. Anderson, with whom Jay E. Silberg, Washington, D.C., was on the brief, for petitioner.

Frederick C. Williams, Acting Asst. General Counsel, U.S. Dept. of Energy, with whom Marc Johnston, Acting Deputy General Counsel, U.S. Dept. of Energy, Washington, D.C., and Robert D. Wittenauer, Atty., U.S. Dept. of Energy, Manassas, Va., were on the brief, for respondents.

Robert S. Greenspan, Silver Spring, Md., and William G. Cole, Attys., U.S. Dept. of Justice, Washington, D.C., also entered appearances for respondents.

Before MIKVA, SILBERMAN and WILLIAMS, Circuit Judges.

Opinion for the Court filed by Circuit Judge MIKVA.

MIKVA, Circuit Judge:

In this petition for review of a decision by the U.S. Department of Energy ("DOE") Board of Contract Appeals, the Commonwealth Edison Company ("Commonwealth Edison") challenges DOE's application of an interest rate based on the market yield of U.S. government securities to Commonwealth Edison's debt to the Nuclear Waste Fund ("Fund"), established pursuant to 42 U.S.C. § 10222. Commonwealth...

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