CITY OF HOLYOKE GAS & ELEC. DEPT. v. F.E.R.C.

No. 90-1565.

954 F.2d 740 (1992)

CITY OF HOLYOKE GAS & ELECTRIC DEPARTMENT, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Northeast Utilities Service Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided January 28, 1992.

Order on Denial of Rehearing March 31, 1992.


Attorney(s) appearing for the Case

David J. Bardin, with whom Marilyn D. Sonn, Washington, D.C., was on the brief, for petitioner.

Samuel Soopper, Atty., FERC, with whom William S. Scherman, Gen. Counsel, Jerome M. Feit, Sol., and Joseph S. Davies, Deputy Sol., Washington, D.C., were on the brief, for respondent. Catherine Cook, Atty., FERC, Washington, D.C., also entered an appearance, for respondent.

Frederic Lee Klein, with whom Paul H. Keck and Brian R. Gish, Washington, D.C., were on the brief, for intervenor.

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


Opinion for the Court filed by Circuit Judge D.H. GINSBURG.

D.H. GINSBURG, Circuit Judge:

The City of Holyoke Gas & Electric Department entered into a power transmission agreement with Northeast Utilities Service Co. (NU). When NU filed the agreement with the FERC, Holyoke challenged the rate on various grounds, but the Commission approved it. Holyoke now petitions for review, alleging that the Commission acted arbitrarily and capriciously in upholding...

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