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ALASKA ENERGY AUTHORITY v. F.E.R.C.

No. 90-1366.

928 F.2d 1181 (1991)

ALASKA ENERGY AUTHORITY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided March 29, 1991.

Attorney(s) appearing for the Case

Carol Hewitt, for petitioner. Julie Simon, Rick T. Haselton, Douglas B. Bailey, Carolyn E. Jones, and Charles E. Cole, were on the brief, 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., were on the brief, for respondent.

Before SILBERMAN, D. H. GINSBURG, and HENDERSON, Circuit Judges.

Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

This case concerns the meaning of the statutory phrase "without profit" in section 10(e) of the Federal Power Act, which provides an exemption from the payment of annual license fees by publicly-owned utilities "to the extent such power is sold to the public without profit." 16 U.S.C. § 803(e). The Alaska Energy Authority (AEA) challenges FERC's implementing regulations...

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