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TOWN OF NORWOOD, MASS. v. F.E.R.C.

No. 89-1130.

906 F.2d 772 (1990)

TOWN OF NORWOOD, MASSACHUSETTS, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Boston Edison Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 29, 1990.

As Modified August 29, 1990.

Rehearing Denied August 29, 1990.

Attorney(s) appearing for the Case

Charles F. Wheatley, Jr., with whom Timothy P. Ingram, Annapolis, Md., was on the brief, for petitioner.

Hanford O'Hara, Atty., F.E.R.C. ("FERC"), 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.

Carmen L. Gentile, with whom Thomas L. Blackburn, Washington, D.C., was on the brief, for intervenor.

Before MIKVA, SILBERMAN, and BUCKLEY, Circuit Judges.

Opinion for the court filed by Circuit Judge BUCKLEY.

BUCKLEY, Circuit Judge:

The Town of Norwood, Massachusetts seeks review of orders of the Federal Energy Regulatory Commission denying the Town refunds of overpayments to a utility. Because we find that the Town failed to present its argument for such refunds in an application for rehearing before the Commission, we dismiss this petition for want of jurisdiction pursuant to section 313 of the Federal Power...

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