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SAN DIEGO GAS & ELEC. CO. v. F.E.R.C.

Nos. 88-1744, 88-1782.

904 F.2d 727 (1990)

SAN DIEGO GAS & ELECTRIC CO., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Public Service Company of New Mexico, Intervenor. PUBLIC SERVICE COMPANY OF NEW MEXICO, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided June 8, 1990.

Attorney(s) appearing for the Case

Nicholas W. Fels, with whom James F. Walsh, Washington, D.C., was on the brief, for petitioner in No. 88-1744 and intervenor in No. 88-1782.

William J. Madden, Jr., with whom Leonard W. Belter, Washington, D.C., was on the brief, for petitioner in No. 88-1782 and intervenor in No. 88-1744.

Hanford O'Hara, 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 in Nos. 88-1744 and 88-1782. Joseph S. Davies, Atty., F.E.R.C., Washington, D.C., also entered an appearance for respondent.

Before SILBERMAN, WILLIAMS and SENTELLE, Circuit Judges.

Opinion for the Court filed by Circuit Judge WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

This dispute arises out of the lurching energy prices of the past two decades. An energy purchase contract that looked good for both parties on the date signed (November 4, 1985) soon afterwards looked dismal to the buyer. The Federal Energy Regulatory Commission declined to lower the price, but at the same time declined to relieve the seller from a delay of the effective...

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