CITIES AND VILLAGES OF BANGOR, ET AL. v. F.E.R.C.

Nos. 89-1692, 90-1042.

922 F.2d 861 (1991)

CITIES AND VILLAGES OF BANGOR, BARRON, CADOTT, CORNELL, MEDFORD, RICE LAKE, SPOONER, TREMPEALEAU, WESTBY, AND WHITEHALL, WISCONSIN; The City of Wakefield, Michigan; and the Wisconsin Public Power, Inc. System, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Northern States Power Company, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 8, 1991.


Attorney(s) appearing for the Case

George R. Edgar, with whom J. Leroy Thilly was on the brief, for petitioners.

Katherine Waldbauer, Atty., FERC, with whom William S. Scherman, Gen. Counsel, and Joseph S. Davies, Deputy Sol., were on the brief, for respondent. Timm Abendroth also entered an appearance for respondent.

Leonard W. Belter and John P. Moore, Jr., were on the brief, for intervenors. Arlene Pianko Groner also entered an appearance, for intervenors.

Before EDWARDS, D.H. GINSBURG, and SENTELLE, Circuit Judges.


Opinion for the Court filed by Circuit Judge D.H. GINSBURG.

D.H. GINSBURG, Circuit Judge:

Coal supply contracts routinely contain a "take-or-pay" provision, under which the purchaser agrees that if it does not take delivery of a minimum amount of coal during each month or year of the contract term, it will pay the coal supplier part of the price of the coal not taken. In 1986 and 1987, Northern States Power Company...

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