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TOWNS OF CONCORD, NORWOOD, & WELLESLEY v. FERC

No. 90-1619.

955 F.2d 67 (1992)

TOWNS OF CONCORD, NORWOOD, AND WELLESLEY, MASSACHUSETTS, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Boston Edison Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided February 11, 1992.

Attorney(s) appearing for the Case

Charles F. Wheatley, Jr., with whom Timothy P. Ingram was on brief, for petitioners.

Thomas J. Lane, Attorney, Federal Energy Regulatory Com'n, with whom William S. Scherman, General Counsel, and Jerome M. Feit, Solicitor, were on brief, for respondent.

Albert R. Simonds, Jr., with whom Carmen L. Gentile was on the brief, for intervenor.

Before WALD, D.H. GINSBURG and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

The Towns of Concord and Wellesley, Massachusetts, receive most of their power requirements from the Boston Edison Company. Until 1985, so did the neighboring Town of Norwood. Boston Edison purchased some of its power from regional nuclear power companies. Between 1973 and 1986, those companies imposed on Boston Edison certain charges relating to the storage and disposal of spent...

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