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NORTH CAROLINA E. MUN. POWER AGENCY v. F.E.R.C.

No. 89-1205.

899 F.2d 1236 (1990)

NORTH CAROLINA EASTERN MUNICIPAL POWER AGENCY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Carolina Power & Light Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided March 30, 1990.

Attorney(s) appearing for the Case

James N. Horwood, with whom Gary J. Newell and Margaret A. McGoldrick, Washington, D.C., were on the brief, for petitioner.

Robert H. Solomon, Atty. F.E.R.C., Washington, D.C., for respondent. Joseph S. Davies, Deputy Solicitor, and Hanford O'Hara, Atty. F.E.R.C., Washington, D.C., were on the brief, for respondent.

George A. Avery, with whom Lynda S. Mounts and Joel Kaufman, Washington, D.C., were on the brief, for intervenor.

Before BUCKLEY, WILLIAMS and D.H. GINSBURG, Circuit Judges.

Opinion PER CURIAM.

PER CURIAM:

The North Carolina Eastern Municipal Power Agency here challenges an order of the Federal Energy Regulatory Commission requiring arbitration as a predicate to review by the Commission. We dismiss the petition for want of ripeness.

In 1981 the Agency entered into various agreements with Carolina Power & Light Company, under which CP & L provides partial requirements power service and various interconnection arrangements...

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