WOLVERINE POWER CO. v. F.E.R.C.

No. 90-1597.

963 F.2d 446 (1992)

WOLVERINE POWER COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided May 5, 1992.

As Amended June 17, 1992.


Attorney(s) appearing for the Case

Thomas E. Mark, with whom Ronald D. Jones, New York City, and Louis Rosenman, Washington, D.C., were on the brief, for petitioner.

Timm L. Aberdroth, Atty., F.E.R.C., with whom William S. Scherman, Gen. Counsel, and Jerome M. Feit, Sol., Washington, D.C., were on the brief, for respondent.

Henri D. Bartholomot and Peter B. Kelsey, for Edison Elec. Institute, et al., Jonathan W. Gottlieb, Washington, D.C., for Nat. Hydropower Ass'n and Amy S. Koch, Washington, D.C., for American Paper Institute, were on the joint brief, for amici curiae.

Before MIKVA, Chief Judge, HENDERSON and RANDOLPH, Circuit Judges.


Opinion for the court filed by Circuit Judge HENDERSON.

KAREN LECRAFT HENDERSON, Circuit Judge:

In 1986, Congress enacted the Electric Consumers Protection Act (ECPA), Pub.L. No. 99-495, 100 Stat. 1243 (1986), amending the Federal Power Act (FPA), 16 U.S.C. §§ 791a et seq. As part of the ECPA, Congress added section 31(c) of the FPA, 16 U.S.C. § 823b. Section 31(c) grants the Federal Energy Regulatory Commission (FERC) the authority to assess...

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