NORTHERN INDIANA PUBLIC SERVICE CO. v. F.E.R.C.

No. 90-1528.

954 F.2d 736 (1992)

NORTHERN INDIANA PUBLIC SERVICE COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided January 21, 1992.


Attorney(s) appearing for the Case

Drexel D. Journey, with whom Patricia D. Ryan, Washington, D.C., was on the brief, for petitioner.

Robert K. Johnson, Indianapolis, Ind., for intervenor, Indiana Office of Utility Consumers Counselor.

Samuel Soopper, Atty., F.E.R.C., with whom William S. Scherman, Gen. Counsel, and Jerome M. Feit, Solicitor, Washington, D.C., were on the brief, for respondent.

Clifford M. Naeve, with whom John N. Estes, III, Washington, D.C., and Cheryl M. Foley, Plainfield, Ind., were on the brief, for intervenor, PSI Energy, Inc. Stephen G. Kozey, Washington, D.C., also entered an appearance for intervenor.

Earle H. O'Donnell, Washington, D.C., entered an appearance for intervenors, Ad Hoc Committee for a Competitive Elec. Supply System and American Iron and Steel Institute.

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


Opinion for the Court filed by Chief Judge MIKVA.

MIKVA, Chief Judge:

The Federal Energy Regulatory Commission approved an open-access tariff filed by PSI Energy, Inc., an electric utility serving parts of Indiana. Northern Indiana Public Service Company (NIPSCO), a neighboring utility whose transmission facilities are connected to PSI's, contests FERC's approval, arguing that the Commission abdicated its statutory obligations, acted without

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