ENVIRONMENTAL ACTION, INC. v. F.E.R.C.

Nos. 89-1333, 89-1338 and 89-1343.

939 F.2d 1057 (1991)

ENVIRONMENTAL ACTION, INC., Salt Lake Community Action Program, Salt Lake Citizens Congress, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, PacifiCorp, Utah Associated Municipal Power Systems, Utah Division of Public Utilities, Council of Industrial Boiler Owners, Ad Hoc Committee for a Competitive Electric Supply System, Idaho Power Company, Public Service Commission of Wyoming, Washington City, Utah, Public Utility Commission of Oregon, American Iron and Steel Institute, American Paper Institute, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided August 2, 1991.


Attorney(s) appearing for the Case

Daniel C. Kaufman, with whom Kenneth G. Hurwitz was on the brief, for petitioners Nucor Steel Div. of Nucor Corp. and Public Utilities Authority for the Town of Plymouth, Utah, in 89-1338 and 89-1343.

Scott Hempling for petitioners Environmental Action, Salt Lake Community Action Program and Salt Lake Citizens Congress in 89-1333.

Samuel Soopper, Atty., F.E.R.C., with whom William S. Scherman, Gen. Counsel, Jerome M. Feit, Sol., and Katherine Waldbauer, Atty., F.E.R.C., were on the brief, for respondent in 89-1333, 89-1338, and 89-1343.

William F. Young, with whom Robert W. Johnson, Arnold H. Quint, George M. Galloway, and Helen J. Edwards for PacifiCorp, Michael S. Gilmore, for Idaho Public Utilities Com'n, Michael Ginsberg, for Utah Div. of Public Utilities, W. Benny Won, for Oregon Dept. of Justice, and Roger C. Fransen and Milo M. Vukelich, for Wyoming Atty. General's Office, were on the joint brief, for intervenors PacifiCorp, et al., in all cases.

Earl H. O'Donnell, Robert F. Shapiro, and Lynn N. Hargis were on the brief for intervenor American Paper Institute, Inc., et al., in 89-1333, 89-1338, and 89-1343. Jan B. Vlcek also entered an appearance for intervenor.

Richard M. Sharp and Timothy K. Shuba were on the brief for intervenor Utah Associated Mun. Power Systems in all cases.

Roger C. Fran entered an appearance for intervenor, Public Service Com'n of Wyoming.

Kenneth G. Kieffer entered an appearance for intervenor, Public Power Counsel.

Sheryl S. Hendrickson, Charles M. Darling, IV, J. Patrick Berry and Drew J. Fossum entered appearances for intervenor, MAGCORP of America, Inc.

Brian R. Gish entered an appearance for intervenor, Idaho Power Co.

W. Benny Won entered an appearance for intervenor, Public Utilities Com'n of Oregon.

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:

Several petitioners for review question whether the Federal Energy Regulatory Commission properly exercised its discretion under § 203 of the Federal Power Act, 16 U.S.C. § 824b, when it approved and set conditions for a merger between two companies that generate, sell, and transport electric power in the western states. The conditions require the merged company...

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