GULF STATES UTILITIES COMPANY, Petitioner,
v.
FEDERAL ENERGY REGULATORY COMMISSION, Respondent,
Union Carbide Corporation, Intervenor.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued November 19, 1990.
Decided January 11, 1991.
Attorney(s) appearing for the Case
William Warfield Ross, with whom Richard B. Herzog, James M. Guinivan and Donald M. Clements, Jr., were on the brief, for petitioner.
Joseph S. Davies, Deputy Sol., F.E.R.C., with whom Timm L. Abendroth, Atty., F.E.R.C., was on the brief, for respondent. Catherine Cook, Atty., F.E.R.C., also entered an appearance for respondent.
Philip A. Fleming, with whom Toni M. Fine was on the brief, for intervenor Union Carbide Corp. and amicus curiae Electricity Consumers Resource Council urging that the petition for review be denied. Sara D. Schotland also entered an appearance for amicus curiae.
Edward H. Comer was on the brief for amicus curiae Edison Elec. Institute urging that the petition for review be granted. Peter B. Kelsey also entered an appearance for amicus curiae.
Before RUTH BADER GINSBURG, SILBERMAN, and SENTELLE, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge SILBERMAN.
SILBERMAN, Circuit Judge:
This case is here for the second time. Petitioner continues to challenge FERC's grant of "qualifying facility" (QF) status under the Public Utilities Regulatory Policies Act of 1978, 16 U.S.C. § 796(18)(A) (the Act) to a partnership of Union Carbide Corporation and Fina Oil and Chemical Company (Fin-Lin) that would establish a cogeneration...
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