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CAJUN ELEC. POWER COOP., INC. v. F.E.R.C.

No. 90-1035.

924 F.2d 1132 (1991)

CAJUN ELECTRIC POWER COOPERATIVE, INC., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Gulf States Utilities Company, Louisiana Public Service Commission, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided February 8, 1991.

Attorney(s) appearing for the Case

Bernhardt K. Wruble, with whom J. Cathy Fogel and Terrence J. McCartin, Washington, D.C., were on the brief, for petitioner. Lisa Gefen, Washington, D.C., also entered an appearance, for petitioner.

Katherine Waldbauer, Atty., F.E.R.C., with whom William S. Scherman, Gen. Counsel, and Joseph S. Davies, Deputy Sol., F.E.R.C., Washington, D.C., were on the brief, for respondent. Jerome M. Feit, Atty., F.E.R.C., Washington, D.C., also entered an appearance, for respondent.

Barry S. Spector, Washington, D.C., for intervenor Gulf States Utilities Co.

Michael R. Fontham, New Orleans, La., entered an appearance, for intervenor Louisiana Public Service Com'n.

Before RUTH BADER GINSBURG, SILBERMAN and THOMAS, Circuit Judges.

Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

Cajun Electric Power Cooperative, Inc. challenges the Federal Energy Regulatory Commission's interpretation of a contract between Cajun and Gulf States Utilities Company, which was filed as a rate schedule with FERC. Cajun filed a complaint asking FERC to order enforcement of the contract pursuant to Sections 205 and 306 of the Federal Power Act, 16 U.S.C. §§ 824d,...

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