UNION ELEC. CO. v. F.E.R.C.

Nos. 88-1103, 88-1125.

890 F.2d 1193 (1989)

UNION ELECTRIC COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Wholesale Defense Group, Intervenor. WHOLESALE DEFENSE GROUP, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Union Electric Company, Intevenor.

United States Court of Appeals, District of Columbia Circuit.

Decided December 1, 1989.


Attorney(s) appearing for the Case

James J. Cook, with whom Paul A. Agathen, was on the brief for Union Elec. Co., petitioner in No. 88-1103 and intervenor in No. 88-1125.

David R. Straus, Washington, D.C., for Wholesale Defense Group, petitioner in No. 88-1125 and intervenor in No. 88-1103.

Samuel Soopper, Atty., F.E.R.C., with whom Catherine C. Cook, General Counsel, Jerome M. Feit, Sol., Washington, D.C., Thomas Lane and Katherine Waldbauer, Atty., F.E.R.C., were on the brief, for respondent. Joshua Z. Rokach, Atty., F.E.R.C., Washington, D.C., also entered an appearance for respondent.

Before MIKVA, EDWARDS and WILLIAMS, Circuit Judges.


Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

In December 1984 Union Electric Company brought its Callaway nuclear power plant into service. Under traditional ratemaking principles, the resulting inclusion of the plant in Union's rate base would have driven its wholesale rates up by about 75%. In anticipation of the resulting "rate shock," Union and its wholesale customers (the latter working for these...

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